Harris v. Obenland

Filing 64

ORDER denying 55 Motion to expand record by Judge Robert J. Bryan.**1 PAGE(S), PRINT ALL**(Damien Harris, Prisoner ID: 713339)(MET)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DAMIEN DARNELL HARRIS,

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Petitioner,

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CASE NO. 3:15-cv-05191-RJB
ORDER DENYING MOTION TO
EXPAND RECORD

v.
MIKE OBENLAND,
Respondent.

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This matter comes before the Court on Petitioner’s Motion to Expand the Record. Dkt.
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55. The Court has considered the motion and the remainder of the file herein.
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Petitioner’s motion is DENIED. Even if Petitioner is correct—that the expanded record
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Petitioner requests shows that Petitioner exhausted state remedies—Petitioner has not made a
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sufficient showing as to Ground 8, Part 4 (Ineffective Assistance of Counsel: Failure to solicit
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[sic] favorable testimony) that Petitioner’s claim rises to the level of constitutional magnitude.
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The Clerk is directed to send uncertified copies of this Order to all counsel of record and
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to any party appearing pro se at said party’s last known address.
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Dated this 24th day of March, 2016.

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A
ROBERT J. BRYAN
United States District Judge

ORDER DENYING MOTION TO EXPAND
RECORD- 1