Conley v. Fraker

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION re 19 Objections to Report and Recommendation filed by Taylor Tom Conley Signed by Judge Robert J. Bryan. (JL) Paper copy sent to plaintiff @ Clallam Bay address . Modified on 4/19/2013 (JL).

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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 5 6 TAYLOR TOM CONLEY, 7 CASE NO. C12-5974 RJB-JRC Petitioner, 8 ORDER v. 9 RON FRAKER,. 10 Respondent. 11 12 The Court, having reviewed the Report and Recommendation of Magistrate Judge J. 13 Richard Creatura, objections to the Report and Recommendation (Dkt. 18) and the remaining 14 record, does hereby find and ORDER: 15 1. Petitioner’s objections (Dkt. 19) are without merit. The court concurs with the careful and well-reasoned Report and Recommendation. The Court adopts the Report and Recommendation; 2. The Court denies this petition on the merits. Petitioner does not show a violation of any constitutional right in this case. Petitioner waived any argument regarding the form of the information by not objecting pre-trial; and the jury instructions were not constitutionally inadequate. 3. The certificate of appealability is denied. 16 17 18 19 20 DATED this 19th day of April, 2013. 21 A 22 23 ROBERT J. BRYAN United States District Judge 24 ORDER - 1

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