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Martin v. Herzog

United States District Court, W.D. Washington

January 6, 2015

TIMOTHY SEAN MARTIN, Petitioner,
v.
ROBERT HERZOG, Respondent

Timothy Sean Martin, Petitioner, Pro se, MONROE, WA.

For Robert Herzog, Respondent: Mandy Lynn Rose, ATTORNEY GENERAL'S OFFICE (40116-OLY), CORRECTIONS DIVISION, OLYMPIA, WA.

ORDER DISMISSING FEDERAL HABEAS ACTION

Honorable Richard A. Jones, United States District Judge.

The court has reviewed petitioner's 28 U.S.C. § 2254 habeas petition, Respondent's answer to the petition, the Report and Recommendation of Mary Alice Theiler, United States Magistrate Judge, Petitioner's objection to the Report and Recommendation, and the remaining record. The court concurs fully in the recommendations of the Report and Recommendation. Petitioner's objection, which focuses almost entirely on his claim that his original counsel rendered ineffective assistance, does not compel a different outcome.

The Court adopts the Report and Recommendation (Dkt. # 16), DENIES Petitioner's objection (Dkt. # 18), DISMISSES this habeas petition with prejudice, and DECLINES to issue a certificate of appealability. The clerk shall enter judgment for Respondent and ensure that Judge Theiler receives notice of this order.


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