Irby v. State of Washington et al

Filing 314

ORDER ADOPTING REPORT AND RECOMMENDATION re 307 Denying as Moot Motion for Miscellaneous Relief, filed by Terrance Jon Irby, 304 Objections to Report and Recommendation filed by Terrance Jon Irby, 306 Denying as Moot Motion to Stay filed by Terrance Jon Irby; this matter is DISMISSED; the Court will not issue a Certificate of Appealability; signed by Judge Ronald B. Leighton. **1 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(DN)

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HONORABLE RONALD B. LEIGHTON 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 9 TERRANCE JON IRBY, Plaintiff, 10 11 v. CASE NO. C15-5208 RBL ORDER STATE OF WASHINGTON, 12 Defendant. 13 14 15 16 THIS MATTER is before the Court on the Report and Recommendation of Magistrate Judge Creatura [Dkt. #300], recommending that the Court dismiss Irby’s complaint for repeated failure to comply with Court Orders. The Report and Recommendation is ADOPTED and this matter is DISMISSED. 17 All other pending motions are DENIED as moot. 18 Irby has not made a “substantial showing of the denial of a constitutional right,” 28 19 20 U.S.C. § 2253(c)(2), and the Court will not issue a Certificate of Appealability. IT I S SO ORDERED. Dated this 8th day of May, 2018. 21 22 A 23 Ronald B. Leighton United States District Judge 24 ORDER - 1

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