Opinion
3:20-cv-05861-RAJ-TLF 3:20-CV-5862-RAJ-TLF
03-07-2023
JEFFREY WELLER, Petitioner, v. RONALD HAYNES, Respondent. SANDRA WELLER, Petitioner, v. DEBORAH WOFFORD, Respondent.
ORDER
Richard A. Jones United States District Judge
The Court, having reviewed the report and recommendation, the petition for writ of federal habeas corpus relief and the remaining record, hereby finds and ORDERS:
(1) the Magistrate Judge's report and recommendation is approved and adopted;
(2) the declarations of Patricia Stordeur, Heather Carroll and Katherine Grimm, M.D. (Dkts. 24-2, 24-3 and 24-4)-which were not presented to the state court-are STRICKEN;
(3) petitioner's federal habeas corpus petition is DISMISSED with prejudice;
(4) a Certificate of Appealability is GRANTED; 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.