Winchester v. Obenland et al

Filing 39

ORDER ADOPTING 34 REPORT AND RECOMMENDATION: Petitioner's habeas petition is DENIED without an evidentiary hearing. This action is DISMISSED with prejudice. A certificate of appealability pursuant to 28 U.S.C. § 2253(c)(3) is GRANTED as to Ground 2 (denial of right to retained counsel of choice) and DENIED in all other respects. Signed by Judge Robert S. Lasnik. (MW)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 JEREMIAH LANCE WINCHESTER, Petitioner, 9 11 ORDER OF DISMISSAL v. 10 Case No. C17-1136-RSL MIKE OBENLAND, Respondent. 12 13 14 Having reviewed the Report and Recommendation of the Honorable Michelle L. 15 Peterson, United States Magistrate Judge, any objections or responses to that, and the remaining 16 record, the Court finds and ORDERS: 17 (1) The Court ADOPTS the Report and Recommendation. 18 (2) Petitioner’s habeas petition is DENIED without an evidentiary hearing. 19 (3) This action is DISMISSED with prejudice. 20 (4) A certificate of appealability pursuant to 28 U.S.C. § 2253(c)(3) is GRANTED as 21 to Ground 2 (denial of right to retained counsel of choice) and DENIED in all other respects. 22 \\ 23 \\ ORDER OF DISMISSAL - 1 1 2 3 (5) The Clerk is directed to send copies of this Order to the parties and to Judge Peterson. Dated this 30th day of October, 2019. 4 5 A  Robert S. Lasnik 6 United States District Judge  7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER OF DISMISSAL - 2

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