McDaniel v. Bennett

Filing 7

ORDER ADOPTING 5 REPORT AND RECOMMENDATION by Judge Ricardo S. Martinez. Petitioners 2254 Federal Habeas Petition is dismissed without prejudice. A certificate of appealability is denied in this case.**1 PAGE(S), PRINT ALL**(Dennis McDaniel, Prisoner ID: 924359)(MIH)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 DENNIS MCDANIEL, 9 v. 10 11 14 15 16 17 18 19 20 21 22 23 24 ORDER ADOPTING REPORT AND RECOMMENDATION JASON BENNETT, Respondent. 12 13 CASE NO. 3:24-CV-5243-RSM-DWC Petitioner, The Court, having reviewed the Report and Recommendation of Magistrate Judge David W. Christel, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER: (1) The Court adopts the Report and Recommendation. (2) Petitioner’s federal habeas Petition is dismissed without prejudice. (3) A certificate of appealability is denied in this case. (4) The Clerk is directed to send copies of this Order to Petitioner, counsel for Respondent, and to the Hon. David W. Christel. DATED this 10th day of May, 2024. A RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE ORDER ADOPTING REPORT AND RECOMMENDATION - 1

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