Wilcken v. Haynes

Filing 27

ORDER ADOPTING 25 REPORT AND RECOMMENDATION; dismissing with prejudice petitioner's 8 Petition for Writ of Habeas Corpus; denying a certificate of appealability. Signed by Judge Robert S. Lasnik. **2 PAGE(S), PRINT ALL**(Daniel Wilcken, Prisoner ID: 370975)(SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DANIEL JOHN WILCKEN,
Petitioner,

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v.

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Case No. C18-0279-RSL
ORDER DISMISSING FEDERAL
HABEAS ACTION

RONALD HAYNES,
Respondent.

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The Court, having reviewed petitioner’s petition for writ of habeas corpus, respondent’s

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answer to the petition, the Report and Recommendation of Mary Alice Theiler, United States

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Magistrate Judge, any objections thereto, and the remaining record, hereby finds and ORDERS:

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(1)

The Court adopts the Report and Recommendation;

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(2)

Petitioner’s petition for writ of habeas corpus (Dkt. 8) and this action are

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DISMISSED, with prejudice, as untimely;
(3)

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

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United States District Courts, a certificate of appealability is DENIED; and

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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, to counsel for

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respondent, and to the Honorable Mary Alice Theiler.

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DATED this 14th day of January, 2019.

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A
Robert S. Lasnik

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United States District Judge 

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ORDER DISMISSING FEDERAL
HABEAS ACTION - 2