United States District Court, Western District of Washington, Seattle
April 24, 2015
DARYL L. BERRY, Petitioner,
ORDER OF DISMISSAL
RICARDO S. MARTINEZ, UNITED STATES DISTRICT JUDGE.
The Court, having reviewed Petitioner’s 28 U.S.C. § 2254 habeas petition, the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, any objections or responses to that, and the remaining record, finds and Orders as follows:
1. The Report and Recommendation is ADOPTED;
2. Petitioner’s 28 U.S.C. § 2254 habeas petition is DISMISSED without prejudice and Petitioner’s application to proceed in forma pauperis is DENIED;
3. Petitioner is DENIED issuance of a certificate of appealability; and
4. The Clerk shall send a copy of this Order to the parties and to Judge Tsuchida.