Contreras-Rebollar v. Key

Filing 39

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 38 Report and Recommendations. **2 PAGE(S), PRINT ALL**(Adrian Contreras-Rebollar, Prisoner ID: 819639)(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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7 ADRIAN CONTRERAS-REBOLLAR,
Petitioner,

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ORDER ADOPTING REPORT
AND RECOMMENDATION

v.

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CASE NO. C15-5471 BHS

10 JAMES KEY,
Respondent.

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This matter comes before the Court on the Report and Recommendation (“R&R”)
of the Honorable J. Richard Creatura, United States Magistrate Judge. Dkt. 38. The Court
having considered the R&R and the remaining record, and no objections having been
filed, does hereby find and order as follows:
(1)

The R&R is ADOPTED;

(2)

Petitioner’s grounds 1 and 2 claims are denied as petitioner has failed to

demonstrate that the state court’s adjudication of his claims was contrary to, or an
unreasonable application of federal law;
(3)

Petitioner’s grounds 3 and 4 are unexhausted and are dismissed without

prejudice; and

ORDER - 1

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(4)

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Dated this 5th day of October, 2016.

The Court denies the issuance of a certificate of appealability.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2