Smith v. Holbrook

Filing 9

ORDER ADOPTING the 8 Report and Recommendation. Petitioner's habeas petition is DISMISSED without prejudice; petitioner may re-file his habeas petition when he has exhausted his state court remedies. Signed by Judge Robert J. Bryan. **1 PAGE(S), PRINT ALL**(Jonathan Smith, Prisoner ID: 849151)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JONATHAN D. SMITH,

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Petitioner,

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CASE NO. 3:17-CV-05664-RJB-JRC
ORDER ADOPTING REPORT AND
RECOMMENDATION

v.
DONALD HOLBROOK,

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Respondent.

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The Court, having reviewed the Report and Recommendation of Magistrate Judge J.
Richard Creatura, and the remaining record, does hereby find and ORDER:

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(1)

The Court adopts the Report and Recommendation (Dkt. 8).

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(2)

Petitioner’s habeas petition is DISMISSED without prejudice; petitioner may

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refile his habeas petition when he has exhausted his state court remedies.
Dated this 27th day of November, 2017.

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A

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ROBERT J. BRYAN
United States District Judge

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ORDER ADOPTING REPORT AND
RECOMMENDATION - 1