Moeller v. Gilbert

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION re 18 Report and Recommendation. Signed by Judge Robert J. Bryan. (JL) Paper copy sent to plaintiff @ Monroe address . Modified on 9/25/2013 (JL).

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DAVID DOUGLAS MOELLER,
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Petitioner,

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CASE NO. 3:13-cv-05337-RJB
ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
MARGARET GILBERT,

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Respondent.

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

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Judge. Dkt. 18. The court has considered the relevant documents and the remainder of the file
herein.
On August 27, 2013, Magistrate Judge J. Richard Creatura issued a Report and
Recommendation (Dkt. 18), recommending that Petitioner’s habeas corpus petition (Dkt. 7) be
denied and that a certificate of appealability also be denied. Petitioner has not filed any
objections.
The court has reviewed the record de novo. The court concurs with the Magistrate
Judge’s thorough and careful analysis of Petitioner’s claims. Five of the six grounds for relief
are procedurally barred. The remaining ground is without merit because petitioner had the
ability to cross-examine the witness and his right to confrontation was not violated. The state
court’s adjudication did not: (1) result in a decision that was contrary to, or involved an

ORDER ADOPTING REPORT AND
RECOMMENDATION - 1

1 unreasonable application of, clearly established federal law as determined by the Supreme Court;
2 or (2) result in a decision that was based on an unreasonable determination of the facts in light of
3 the evidence presented to the state courts. 28 U.S.C. §2254(d). Accordingly, the Report and
4 Recommendation (Dkt. 18) should be adopted and Petitioners’ habeas corpus petition should be
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Moreover, a certificate of appealability should be denied.

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Therefore, it is hereby

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ORDERED that the court ADOPTS the Report and Recommendation (Dkt. 18);

9 Petitioner’s habeas corpus petition (Dkt. 7) is DENIED; and a certificate of appealability is
10 DENIED.
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The Clerk is directed to send uncertified copies of this Order to all counsel of record, to

12 any party appearing pro se at said party’s last known address, and to the Hon. J. Richard
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DATED this 25th day of September, 2013.
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A

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ROBERT J. BRYAN
United States District Judge

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ORDER ADOPTING REPORT AND
RECOMMENDATION - 2