Chapman v. Uttecht

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATION re 32 Objections to Report and Recommendation filed by Gregory W Chapman. Signed by Judge Robert J. Bryan. (JL) Paper copy sent to plaintiff @ Connell address . Modified on 5/31/2013 (JL).

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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GREGORY W. CHAPMAN,
Petitioner,

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v.

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CASE NO. C10-5418 RJB
ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DENYING PETITION FOR WRIT OF
HABEAS CORPUS

JEFFREY UTTECHT,
Respondent.

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This matter comes before the court on the Report and Recommendation of the Magistrate

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17 Judge. Dkt. 31. The court has reviewed the relevant documents and the remainder of the file
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On May 2, 2013, U.S. Magistrate Judge Karen L. Strombom issued a Report and

20 Recommendation, recommending that the petition for writ of habeas corpus be denied. Dkt. 31.
21 On May 15, 2013, petition filed objections to the Report and Recommendation. Dkt. 32.
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The court has reviewed the record de novo. The court concurs with the magistrate

23 judge’s thorough and careful analysis of petitioner’s claims.
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ORDER ADOPTING REPORT AND
RECOMMENDATION AND DENYING PETITION
FOR WRIT OF HABEAS CORPUS- 1

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Petitioner’s objections are without merit for the following reasons: (1) the claim of

2 prosecutorial misconduct is without merit because, during closing, the prosecutor argued
3 legitimate inferences from the evidence (Dkt. 30, Exh. 92, at 61-62); (2) Brady v. Maryland, 373
4 U.S. 83 (1963) does not apply to the facts of this case; and (3) the ineffective assistance of
5 counsel claim is without merit, for the reasons stated by the Washington Court of Appeals and by
6 the magistrate judge in the Report and Recommendation.
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Accordingly, the court ADOPTS the Report and Recommendation (Dkt. 31). The

8 petition for writ of habeas corpus is DENIED. A Certificate of Appealability is DENIED. This
9 case is DISMISSED WITH PREJUDICE.
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The Clerk is directed to send uncertified copies of this Order to all counsel of record and

11 to any party appearing pro se at said party’s last known address.
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Dated this 31st day of May, 2013.

A
ROBERT J. BRYAN
United States District Judge

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ORDER ADOPTING REPORT AND
RECOMMENDATION AND DENYING PETITION
FOR WRIT OF HABEAS CORPUS- 2