Vigil v. Washington

Full title: DAVID R. VIGIL, Petitioner, v. STATE OF WASHINGTON, Respondent.

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

Date published: Feb 10, 2020

Case No. C19-6156-RBL-TLF (W.D. Wash. Feb. 10, 2020)

Opinion

Case No. C19-6156-RBL-TLF

02-10-2020

DAVID R. VIGIL, Petitioner, v. STATE OF WASHINGTON, Respondent.

Ronald B. Leighton United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

THIS MATTER is before the Court on Magistrate Judge Fricke's Report and Recommendation [Dkt. # 10], recommending that the Court deny petitioner's federal habeas corpus petition without prejudice:

(1) The Magistrate Judge's report and recommendation is approved and ADOPTED;

(2) Petitioner's federal habeas corpus petition (Dkt. 6) is DISMISSED without prejudice for failure to exhaust state court remedies and as premature; and

(3) A certificate of appealability is DENIED; and

(4) Petitioner's "Motion for Summary Judgment" (Dkt. 9) is DENIED as moot; and

// // // //

(5) The Clerk is directed to close this case and 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.

IT IS SO ORDERED.

Dated this 10^th day of February, 2020.

/s/_________

Ronald B. Leighton

United States District Judge