Salinas v. Holbrook

Filing 26

ORDER adopting the Report and Recommendation 22 ; denying Petitioner's 4 petition for writ of habeas corpus and dismissing action with prejudice. In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, a certificate of appealability is DENIED. Signed by Judge Ricardo S. Martinez. **2 PAGE(S), PRINT ALL**(Hector Salinas, Prisoner ID: 726671)(PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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HECTOR SERANO SALINAS,
Petitioner,

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Case No. C18-249-RSM

v.
ORDER DENYING PETITION FOR WRIT
OF HABEAS CORPUS

DONALD HOLBROOK,
Respondent.

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The Court has reviewed Petitioner’s petition for writ of habeas corpus, Respondent’s

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answer to the petition, the Report and Recommendation of James P. Donohue, United States

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Magistrate Judge, Petitioner’s Objections, and the remaining record. The Court agrees with

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Respondent that Petitioner did not challenge the Washington State Supreme Court’s application

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of the “invited error” rule in his petition, and thus raises this issue for the first time in his

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Objections. See Dkt. #24 at 3. In any event, the Court finds that the Washington Supreme Court

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was correct to conclude that any public-trial violation in Petitioner’s case was an invited error

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because of his counsel’s active participation in the in-chambers voir dire procedure, as discussed

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by Respondent. See id. at 4 (citing Weaver v. Massachusetts, 137 S. Ct. 1899 (2017)). The
ORDER DENYING PETITION FOR
WRIT OF HABEAS CORPUS - 1

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Court otherwise finds no error in Judge Donohue’s R&R. Accordingly, the Court hereby finds

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and ORDERS:

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(1)

The Report and Recommendation is adopted.

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(2)

Petitioner’s petition for writ of habeas corpus (Dkt. 4) is DENIED, and the

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petition and this action are DISMISSED with prejudice.
(3)

In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the

United States District Courts, a certificate of appealability is DENIED.
(4)

The Clerk is directed to send copies of this Order to petitioner, to counsel for

respondent, and to the Honorable James P. Donohue.
DATED this 11 day of December 2018.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER DENYING PETITION FOR
WRIT OF HABEAS CORPUS - 2