Opinion
CV20-5861-RAJ-TLF CV20-5862-RAJ-TLF
06-12-2023
JEFFREY WELLER and SANDRA WELLER, Petitioners, v. RONALD HAYNES and DEBORAH WOFFORD, Respondents.
ORDER
The Honorable 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) Plaintiff's Motion to File Over-length Motion (Dkt. 50) is GRANTED;
(2) the Magistrate Judge's report and recommendation (Dkt. 47) is approved and adopted;
(3) 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;
(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.