McDaniel v. Bennett

Full title: DENNIS MCDANIEL, Petitioner, v. JASON BENNETT, Respondent.

Court: United States District Court, Western District of Washington

Date published: Oct 10, 2023

3:22-CV-5753-BHS (W.D. Wash. Oct. 10, 2023)

Opinion

3:22-CV-5753-BHS

10-10-2023

DENNIS MCDANIEL, Petitioner, v. JASON BENNETT, Respondent.

BENJAMIN H. SETTLE, UNITED STATES DISTRICT JUDGE.

ORDER ADOPTING REPORT AND RECOMMENDATION

BENJAMIN H. SETTLE, UNITED STATES DISTRICT JUDGE.

This matter comes before the Court on the Report and Recommendation (“R&R”) of the Honorable David W. Christel, United States Magistrate Judge. Dkt. 19. The Court having considered the R&R and the remaining record, and no objections having been filed, does hereby find and order as follows:

(1) The R&R is ADOPTED.

(2) Petitioner's federal habeas petition under 28 U.S.C. § 2254 [Dkt. 5] is DENIED.

(3) The Court will NOT issue a Certificate of Appealability under 28 U.S.C. § 2253(c)(2), for the reasons articulated in the Report and recommendation.

(4) As Petitioner paid the filing fee, the Court finds any request to proceed in forma pauperis on appeal should be denied.