Stomps v. Obenland

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION by Judge Ronald B. Leighton. The 15 Report and Recommendation is ADOPTED and petitioner's habeas petition under 28 U.S.C. § 2254 is DENIED. 17 Petitioner's Motion to Amend is DENIED. The Court will not issue a Certificate of Appealability. (DK)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JASON STOMPS,
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Petitioner,
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ORDER ADOPTING REPORT AND
RECOMMENDATION

v.

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CASE NO. 3:18-cv-05365 RBL-JRC

MICHAEL OBENLAND,

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Respondent.

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THIS MATTER is before the Court the Report and Recommendation of Magistrate Judge

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J. Richard Creatura [Dkt. # 15], Petitioner Stomps’ Objections [Dkt. # 16], and the underlying
record.
(1)

The Report and Recommendation is ADOPTED.

(2)

Stomps’ habeas petition under 28 U.S.C. § 2254 is DENIED.

(3)

Stomps’ Motion to Amend his Writ (to voluntarily dismiss his two actual
innocence claims) [Dkt. # 17] is DENIED as futile. Such an amendment would
leave only his sufficiency of the evidence argument, which the Court has rejected.

(4)

The Court will NOT issue a Certificate of Appealability under 28 U.S.C. §
2253(c)(2), for the reasons articulated in the Report and Recommendation.

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The Clerk shall send copies of this Order to the Stomps’ last known address, to the

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IT IS SO ORDERED.

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ORDER ADOPTING REPORT AND
RECOMMENDATION - 1

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DATED this 20th day of November, 2018.
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A

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Ronald B. Leighton
United States District Judge

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ORDER ADOPTING REPORT AND
RECOMMENDATION - 2