Wilson v. Obenland, C15-1899JLR. (2016)
Court: District Court, D. Washington
Number: infdco20160620b46
Visitors: 4
Filed: Jun. 17, 2016
Latest Update: Jun. 17, 2016
Summary: ORDER JAMES L. ROBART , District Judge . This matter comes before the court on the report and recommendation of the Honorable Brian A. Tsuchida (R&R (Dkt. # 17)) and Petitioner Gerald Wayne Wilson's objections thereto (Obj. (Dkt. # 18)). The court has reviewed Mr. Wilson's habeas petition (Dkt. # 1), Magistrate Judge Tsuchida's report and recommendation, Mr. Wilson's objections to the report and recommendation, the remainder of the record, and the applicable law. Being fully advised, 1 the
Summary: ORDER JAMES L. ROBART , District Judge . This matter comes before the court on the report and recommendation of the Honorable Brian A. Tsuchida (R&R (Dkt. # 17)) and Petitioner Gerald Wayne Wilson's objections thereto (Obj. (Dkt. # 18)). The court has reviewed Mr. Wilson's habeas petition (Dkt. # 1), Magistrate Judge Tsuchida's report and recommendation, Mr. Wilson's objections to the report and recommendation, the remainder of the record, and the applicable law. Being fully advised, 1 the ..
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ORDER
JAMES L. ROBART, District Judge.
This matter comes before the court on the report and recommendation of the Honorable Brian A. Tsuchida (R&R (Dkt. # 17)) and Petitioner Gerald Wayne Wilson's objections thereto (Obj. (Dkt. # 18)). The court has reviewed Mr. Wilson's habeas petition (Dkt. # 1), Magistrate Judge Tsuchida's report and recommendation, Mr. Wilson's objections to the report and recommendation, the remainder of the record, and the applicable law. Being fully advised,1 the court overrules Mr. Wilson's objections and adopts the report and recommendation as set forth below.
Magistrate Judge Tsuchida recommends dismissal of Mr. Wilson's 28 U.S.C. § 2254 petition and denial of a certificate of appealability. (R&R at 1.) Mr. Wilson contends that Judge Tsuchida "erroneously rejected Mr. Wilson's claims for relief" and objects to "all of the Magistrate Judge's proposed orders." (Obj. at 2.) The court performs de novo review when ruling on objections to a report and recommendation. Fed. R. Civ. P. 72(b)(3); McKeever v. Block, 932 F.2d 795, 798 (9th Cir. 1991).
The court has independently reviewed Mr. Wilson's arguments and the extensive materials submitted in support of them. The court agrees with Judge Tsuchida's analysis and the conclusions stated in the report and recommendation. The court therefore FINDS and ORDERS:
1. Mr. Wilson's objections (Dkt. # 18) are OVERRULED;
2. The report and recommendation (Dkt. # 17) is ADOPTED and APPROVED;
3. Mr. Wilson's 28 U.S.C. § 2254 petition (Dkt. # 1) is DISMISSED with prejudice;
4. Mr. Wilson is DENIED a certificate of appealability; and
5. The Clerk shall send a copy of this order to the parties and to Judge Tsuchida.
FootNotes
1. Although Mr. Wilson has requested oral argument (Obj. at 1), the court finds oral argument unnecessary, see Local Rules W.D. Wash. LCR 7(b)(4).
Source: Leagle
