McCandless v. State of Washington

Filing 9

ORDER ADOPTING 8 REPORT AND RECOMMENDATION by U.S. District Judge John C Coughenour. Petitioner's 6 2254 Petition for Writ of Habeas Corpus is DISMISSED without prejudice. A certificate of appealability is DENIED. (cc: petitioner via USPS) (ST)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JESSE D. McCANDLESS,

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Plaintiff,

CASE NO. C19-0599-JCC
ORDER

v.
STATE OF WASHINGTON,

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Defendant.

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This matter comes before the Court on the report and recommendation of the Honorable

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Mary Alice Theiler, United States Magistrate Judge (Dkt. No. 8). Having thoroughly considered

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the relevant record, the Court hereby finds and ORDERS:

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(1)

The report and recommendation (Dkt. No. 8) is ADOPTED;

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(2)

Petitioner’s petition for writ of habeas corpus (Dkt. No. 6), and this action, are

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DISMISSED without prejudice for failure to exhaust state court remedies;
(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; and
(4)
Theiler.

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//

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//
ORDER
C19-0599-JCC
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The Clerk is DIRECTED to send copies of this order to Petitioner and Judge

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DATED this 12th day of July 2019.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C19-0599-JCC
PAGE - 2