Ayers v. State of Washington

Filing 26

ORDER adopting Report and Recommendation Dismissing Petition for Writ of Habeas Corpus and denying Motion to Stay and for Appointment of counsel by Judge Franklin D. Burgess.(SPH)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The Magistrate Judge recommends that Respondents motion to dismiss this petition for writ of habeas corpus be granted and the petition be dismissed for failure to exhaust sate court remedies. The Petitioner has responded to the Report and Recommendation requesting the Court stay the proceedings and appoint counsel for Petitioner. As detailed by the Report and Recommendation, Petitioner has pending in the state courts a personal restraint petition and motion for relief from judgment that contain the same issues as raised in this habeas petition. Accordingly, Petitioner has not exhausted the claims he is making in the instant petition and they must be denied. The request for a stay and appointment of counsel are meritless. v. SUSAN DREYFUS, Respondent. LENIER AYERS, Petitioner, UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

CASE NO. C09-5104 FDB ORDER ADOPTING REPORT AND RECOMMENDATION DISMISSING PETITION FOR WRIT OF HABEAS CORPUS

ORDER - 1

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The Court, having reviewed the petition, the Report and Recommendation of the Hon. J. Richard Creatura, United States Magistrate Judge, the objections to the Report and Recommendation, and the remaining record, does hereby find and Order: (1) (2) (3) (4) Respondent. DATED this 14th day of January, 2010. The Court adopts the Report and Recommendation; Respondent's motion to dismiss is GRANTED: The petition for writ of habeas corpus is DENIED; and The Clerk is directed to send copies of this Order to Petitioner and to counsel for

A

FRANKLIN D. BURGESS UNITED STATES DISTRICT JUDGE

ORDER - 2