Linarez v. Haynes

Filing 6

ORDER ADOPTING the 4 Report and Recommendation. Petitioner's 28 U.S.C. § 2254 petition (Dkt. 1-1) is DISMISSED WITHOUT PREJUDICE AS A SECOND SUCCESSIVE PETITION. The certificate of appealability is DENIED. Petition er's application for in forma pauperis status 1 is DENIED as moot. **SEE ORDER FOR REMAINING DETAILS** Signed by Judge Ronald B. Leighton. (Attachments: # 1 Form 12, Application for Leave to File Second Successive, # 2 Circuit Rule 22-3)**10 PAGE(S), PRINT ALL**(Jude Linarez, Prisoner ID: 329594)(CMG) Modified on 4/30/2018: added document relationships (CMG).

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JUDE MARTIN LINAREZ,
Case No. 3:17-cv-06086-RBL-TLF
Petitioner,
v.
RON HAYNES,

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Respondent.

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ORDER ADOPTING REPORT AND
RECOMMENDATION

The Court having reviewed the Report and Recommendation of the Hon. Theresa L.

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Fricke, United States Magistrate Judge, objections to the Report and Recommendation, if any,

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and the remaining record, hereby finds and orders:

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(1)

The Court adopts the Report and Recommendation.

(2)

Petitioner’s 28 U.S.C. § 2254 petition (Dkt. 1-1) is DISMISSED WITHOUT
PREJUDICE AS A SECOND OR SUCCESSIVE PETITION

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(3)

The certificate of appealability is DENIED.

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(4)

Petitioner’s application for in forma pauperis status (Dkt. 1) is DENIED as moot.

(5)

The Clerk is directed to send a copy of this Order to Petitioner, along with copies
of the Ninth Circuit Court of Appeals Form 12 – Application for Leave to File
Second or Successive Petition Under 28 U.S.C. § 2254 or Motion Under 28
U.S.C. § 225 and Ninth Circuit Rule 22-3, AND TO ADMINISTRATIVELY
CLOSE THIS FILE.

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DATED this 30th day of April, 2018.

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Ronald B. Leighton
United States District Judge
ORDER ADOPTING REPORT AND RECOMMENDATION - 1