Diaz v. Sinclair

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION re 9 Report and Recommendations by Judge Richard A Jones. (1) The Report and Recommendation is approved and adopted. (2) Petitioners petition for writ of habeas corpus (Dkt. 1-1) is DISMISSED without pre judice for failure to exhaust state court remedies. (3) Petitioners application to proceed with this action in forma pauperis (Dkt. 1) and his motion to expedite this proceeding (Dkt. 6) are STRICKEN as moot.**2 PAGE(S), PRINT ALL**(Carlos Diaz, Prisoner ID: 978736)(SG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CARLOS DIAZ,
Petitioner,

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Case No. C17-1412-RAJ

v.
ORDER DISMISSING FEDERAL
HABEAS ACTION

STEPHEN SINCLAIR,
Respondent.

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The Court, having reviewed petitioner’s petition for writ of habeas corpus, the Report and

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Recommendation of James P. Donohue, Chief United States Magistrate Judge, and the remaining

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record, hereby finds and ORDERS:

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(1)

The Report and Recommendation is approved and adopted.

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(2)

Petitioner’s petition for writ of habeas corpus (Dkt. 1-1) is DISMISSED without

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prejudice for failure to exhaust state court remedies.
(3)

Petitioner’s application to proceed with this action in forma pauperis (Dkt. 1) and

his motion to expedite this proceeding (Dkt. 6) are STRICKEN as moot.

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ORDER DISMISSING FEDERAL
HABEAS ACTION - 1

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(4)

The Clerk is directed to send copies of this Order to petitioner and to the

Honorable James P. Donohue.
DATED this 20th day of December, 2017.

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A

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The Honorable Richard A. Jones
United States District Judge

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ORDER DISMISSING FEDERAL
HABEAS ACTION - 2