McCain v. Holbrook

Filing 71

ORDER ADOPTING 67 REPORT AND RECOMMENDATION: Petitioner's habeas petition is DENIED as untimely. A certificate of appealability is DENIED as to all issues raised in the response to the order to show cause. This action is DISMISSED with prejudice. Signed by Judge Richard A. Jones. (MW)

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HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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STANTON HARRY MCCAIN II,

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Case No. C18-328-RAJ-MLP

Petitioner,

ORDER OF DISMISSAL

v.
DONALD R. HOLBROOK,

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Respondent.

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I.

INTRODUCTION

Having reviewed the Report and Recommendation of the Honorable Michelle L.

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Peterson, United States Magistrate Judge, Petitioner’s objections to that, and the

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remaining record, the Court finds and ORDERS:

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(1) The Report and Recommendation (Dkt. # 67) is ADOPTED in full.

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(2) Petitioner’s habeas petition is DENIED as untimely.

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(3) A certificate of appealability is DENIED as to all issues raised in the response

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to the order to show cause.

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(4) This action is DISMISSED with prejudice.

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ORDER – 1

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(5) The Clerk is directed to send copies of this Order to the parties and to Judge

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Peterson.

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DATED this 25th day of September, 2020.

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A

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The Honorable Richard A. Jones
United States District Judge

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ORDER – 2