Parker v. State of Washington

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 27 Report and Recommendations. (TG; cc mailed to petitioner)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ANDRE T. PARKER,

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Petitioner,

CASE NO. C14-5303 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
MIKE OBENLAND,

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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. 27. The Court
15 having considered the R&R and the remaining record, and no objections having been
16 filed, does hereby find and order as follows:
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(1)

The R&R is ADOPTED; and

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(2)

Petitioner failed to fairly present grounds one, two, and three under federal

19 law by invoking one complete round of Washington state court appellate review and
20 therefore, has not exhausted his state remedies as to grounds one, two and three.
21 Furthermore, petitioner has already filed one personal restraint petition and does not
22 demonstrate cause and prejudice or a fundamental miscarriage of justice; therefore, he is

ORDER -- 1

1 procedurally barred from filing another collateral challenge. Accordingly, grounds one,
2 two, and three are unexhausted and procedurally barred and the petition is DISMISSED.
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(3)

The undersigned denies the issuance of a certificate of appealability.

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Dated this 30th day November, 2015.
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A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER -- 2