Pena v. Holbrook

Full title: ANGELINO L PENA, Petitioner, v. DONALD R HOLBROOK, Respondent.

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

Date published: Aug 30, 2019

No. 3:18-CV-05975-RBL-DWC (W.D. Wash. Aug. 30, 2019)

Opinion

No. 3:18-CV-05975-RBL-DWC

08-30-2019

ANGELINO L PENA, Petitioner, v. DONALD R HOLBROOK, Respondent.

Ronald B. Leighton United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

THIS MATTER is before the Court on the Report and Recommendation of Magistrate Judge David W. Christel [Dkt. # 25], and the underlying record.

(1) The Report and Recommendation is ADOPTED.

(2) Pena's federal habeas petition under 28 U.S.C. § 2254 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 Reccomendation.

(4) As Pena has been granted in forma pauperis, in forma pauperis may continue on appeal. See Rule of Appellate Procedure 24(a)(3).

IT IS SO ORDERED.

DATED this 30^th day of August, 2019.

/s/_________

Ronald B. Leighton

United States District Judge