*1 Case 2:05-cv-01766-JCC Document 6 Filed 12/21/05 Page 1 of 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE JIMMIE LEE JONES, JR., )
) Petitioner, ) Case No. C05-1766-JCC-JPD ) v. ) )
DOUG WADDINGTON, ) ORDER DISMISSING § 2254 ) PETITION WITHOUT PREJUDICE
Respondent. ) ____________________________________)
The Court, having reviewed petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 petition, the Report and Recommendation of the Honorable James P. Donohue, United States Magistrate Judge, and the balance of the record, does hereby find and ORDER: (1) The Court adopts the Report and Recommendation. 17 (2) Petitioner’s § 2254 petition is DISMISSED without prejudice. Petitioner’s application
18 for leave to proceed in forma pauperis (Dkt. #1) is DENIED as moot. 19 20 (3) The Clerk is directed to send a copy of this Order to petitioner and to Judge Donohue. 21 DATED this 21st day of December, 2005.
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John C. Coughenour 25 United States District Judge 26