Free v. Key

Filing 46

ORDER ADOPTING 36 REPORT AND RECOMMENDATION. Petitioner's motion for an evidentiary hearing, docket no. 43 , is DENIED. Petitioner's habeas petition, docket no. 8 , and this action, are DISMISSED with prejudice. A certificate of appealability is DENIED in this case. Signed by Judge Thomas S. Zilly. **2 PAGE(S), PRINT ALL**(John Free, Prisoner ID: 333423)(MW)

Case 2:19-cv-01551-TSZ Document 46 Filed 11/16/21 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JOHN CARLO FREE,

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Petitioner,
C19-1551 TSZ

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v.
ORDER
JAMES KEY,

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Respondent.
THIS MATTER comes before the Court on the Report and Recommendation
(docket no. 36) of the Honorable Mary Alice Theiler. Having reviewed the Report and
Recommendation, Petitioner John Carlo Free’s objections (docket no. 42), Petitioner’s
petition for a write of habeas corpus brought under 28 U.S.C. § 2254 (docket no. 8),
Petitioner’s motion for an evidentiary hearing (docket no. 43), and the remaining record,
the Court enters the following Order:
(1)

The Court ADOPTS the Report and Recommendation, docket no. 36;

(2)

Petitioner’s motion for an evidentiary hearing, docket no. 43, is DENIED;

(3)

Petitioner’s habeas petition, docket no. 8, and this action, are DISMISSED

with prejudice;

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ORDER - 1

Case 2:19-cv-01551-TSZ Document 46 Filed 11/16/21 Page 2 of 2

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(4)

A certificate of appealability is DENIED in this case; and

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(5)

The Clerk is directed to enter judgment consistent with this Order and send

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IT IS SO ORDERED.

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Dated this 16th day of November, 2021.

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A

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Thomas S. Zilly
United States District Judge

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ORDER - 2