Menzies v. Washington

Full title: TIMOTHY L MENZIES JR, Petitioner, v. STATE OF WASHINGTON, Respondent.

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

Date published: May 28, 2020

Case No. C20-5161-RJB-TLF (W.D. Wash. May. 28, 2020)

Opinion

Case No. C20-5161-RJB-TLF

05-28-2020

TIMOTHY L MENZIES JR, Petitioner, v. STATE OF WASHINGTON, Respondent.

ROBERT J. BRYAN United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

The Court, having reviewed the report and recommendation, "Motion for Vicarious Exhaustion of State Remedies," the petition for writ of federal habeas corpus relief and the remaining record, hereby finds and ORDERS:

(1) The objections made by Petitioner filing a Motion for Vicarious Exhaustion of State Remedies are meritless. Petitioner cites no authority for the proposition that the exhaustion of state remedies by another must apply "vicariously to Petitioner." The Motion for Vicarious Exhaustion of State Remedies (Dkt. 7) is DENIED;

(2) the Magistrate Judge's report and recommendation (Dkt. 6) is approved and adopted;

(3) petitioner's federal habeas corpus petition (Dkt. 3) is DISMISSED without prejudice; and

(4) a certificate of appealability is DENIED; and

(5) the Clerk is directed to send copies of this Order to petitioner, to Magistrate Judge Theresa L. Fricke and to any other party that has appeared in this action.

Dated this 28^th day of May, 2020.

/s/_________

ROBERT J. BRYAN

United States District Judge