Evatt v. State of Washington

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATION re [30, 31, 32] Objections to Report and Recommendation filed by Scott Emerson Evatt; Petitioner's Habeas Petition is DENIED; if Petitioner appeals, he is not entitled to a Certificate of Appealability, and his in forma pauperis status will NOT continue; signed by Judge Ronald B. Leighton. (DN) Modified on 2/22/2019 (DN). (cc to pltf)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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SCOTT EMERSON EVATT,
Petitioner,

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v.

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CASE NO. 3:18-cv-05255-RBL-TLF

RON HAYNES,

ORDER

Respondent.

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THIS MATTER is before the Court on Magistrate Judge Fricke’s Report and
Recommendation [Dkt. # 27], and Petitioner Evatt’s Objections to it [Dkt. #s 30, 31, and 32].
(1)

the Report and Recommendation is ADOPTED;

(2)

Evatt’s Habeas Petition [Dkt. #8] is DENIED;

(3)

If he appeals, Evatt is not entitled to a Certificate of Appealability, for the reasons
articulated in the Report and Recommendation:

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(4)

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ORDER - 1

If he appeals, Evatt’s in forma pauperis status will not continue;

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(5)

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the Clerk is directed to send copies of this Order to petitioner, to Magistrate Judge
Fricke and to any other party that has appeared in this action.

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IT IS SO ORDERED.

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Dated this 22nd day of February, 2019.

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A

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Ronald B. Leighton
United States District Judge

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ORDER - 2