Cates v. Uttecht

Filing 16

ORDER ADOPTING 14 REPORT AND RECOMMENDATION. Petitioner's federal habeas petition (Dkt. 11 ) is DISMISSED with prejudice. Petitioner is DENIED issuance of a certificate of appealability. Signed by Judge Richard A Jones. **1 PAGE(S), PRINT ALL**(Michael Cates, Prisoner ID: 355618) (TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MICHAEL SHANE CATES,

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Petitioner,

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ORDER OF DISMISSAL

v.
JEFFREY UTTECHT,

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CASE NO. C18-157-RAJ-BAT

Respondent.
The Court, having reviewed Petitioner’s 28 U.S.C. § 2254 habeas petition, the Report and

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Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, any

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objections or responses to that, and the remaining record, finds and ORDERS as follows:
(1)

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The Court ADOPTS the Report and Recommendation;

(2)

Petitioner’s federal habeas petition (Dkt. 11) is DISMISSED with prejudice

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pursuant to 28 U.S.C. § 2244(d)(1) and Habeas Rule 4;

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(3)
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Petitioner is DENIED issuance of a certificate of appealability;

(4)

The Clerk is directed to send copies of this Order to the parties and to Judge
Tsuchida.

DATED this 30th day of April, 2018.

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A

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The Honorable Richard A. Jones
United States District Judge

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ORDER of dismissal - 1