Price v. Glebe

Filing 50

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 49 Objections to Report and Recommendation filed by Donnell W Price. **2 PAGE(S), PRINT ALL**(Donnell Price, Prisoner ID: 710977)(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DONNELL W. PRICE,

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Petitioner,

CASE NO. C14-5011BHS-JRC
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
PATRICK R. GLEBE,

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Respondent.

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This matter comes before the Court on the Report and Recommendation (“R&R”)

14 of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 48), and
15 Plaintiff Donnell Price’s (“Price”) objections to the R&R (Dkt. 49).
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On November 11, 2016, Judge Creatura issued the R&R recommending that the

17 Court deny Price’s petition on the merits. Dkt. 48. On December 7, 2016, Price filed
18 objections. Dkt. 49.
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The district judge must determine de novo any part of the magistrate judge’s

20 disposition that has been properly objected to. The district judge may accept, reject, or
21 modify the recommended disposition; receive further evidence; or return the matter to the
22 magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).

ORDER - 1

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In this case, Price has failed to show any error in Judge Creatura’s

2 recommendation. Although Price argues that there were many errors in his trial, he has
3 failed to show that any alleged error entitles him to federal habeas relief. In other words,
4 the state court did not adjudicate Price’s issues in a manner that was either contrary to or
5 an unreasonable application of clearly established federal law. Therefore, the Court
6 having considered the R&R, Price’s objections, and the remaining record, does hereby
7 find and order as follows:
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(1)

The R&R is ADOPTED;

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(2)

The Court DENIES Price’s petition on the merits;

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(3)

The Court DENIES a Certificate of Appealability; and

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(4)

The Clerk shall enter JUDGMENT for Defendant and close this case.

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Dated this 25th day of January, 2017.

A

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BENJAMIN H. SETTLE
United States District Judge
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ORDER - 2