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McDevitt v. Washington State Penitentiary

United States District Court, Western District of Washington, Seattle

March 20, 2015

RYAN ALLEN McDEAVITT, Petitioner,
v.
WASHINGTON STATE PENITENTIARY, Respondent.

ORDER DISMISSING ACTION

RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE

The Court, having reviewed petitioner’s petition for writ of habeas corpus, the Report and Recommendation of Mary Alice Theiler, United States Magistrate Judge, objections thereto filed by petitioner, and the remaining record, hereby finds and ORDERS as follows:

(1) Petitioner’s objections confirm that he has failed to properly exhaust state court remedies in order to proceed with this federal habeas action;

(2) The Court adopts the Report and Recommendation;

(2) Petitioner’s petition for writ of habeas corpus (Dkt. 1) and this action are DISMISSED without prejudice;

(3) Petitioner’s application to proceed in forma pauperis (Dkt. 2) is STRICKEN as moot;

(4) In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, a certificate of appealability is DENIED; and

(5) The Clerk is directed to send copies of this Order to petitioner and to the Honorable Mary Alice Theiler.


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