Opinion
CASE NO. 2:20-cv-0477-BJR-MAT
06-24-2020
JOSHUA LEE REDDING, Plaintiff, v. WASHINGTON STATE DEPARTMENT OF CORRECTIONS, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING FEDERAL HABEAS ACTION
The Court, having reviewed Petitioner's petition for a writ of habeas corpus, the Report and Recommendation of Judge Mary Alice Theiler, United States Magistrate Judge, and the record of the case, and noting that no objections have been filed, hereby finds and ORDERS:
(1) The Report and Recommendation is approved and adopted;
(2) Petitioner's petition for a writ of habeas corpus, Dkt. No. 5, and this action, are DISMISSED without prejudice for failure to exhaust state court remedies;
(3) Petitioner's motion to amend his petition to name a proper respondent, Dkt. No. 9, and his motion for appointment of counsel, Dkt. No. 10, are DENIED;
(4) In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the United
States District Courts, a certification 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.
DATED this 24th day of June, 2020.
/s/_________
BARBARA J. ROTHSTEIN
UNITED STATES DISTRICT JUDGE