Summary
The United States District Court for the Western District of Washington adopted a magistrate judge’s report and recommendation concerning William Samuel Schmidt’s federal habeas corpus petition. The court held that the petition was barred by the Antiterrorism and Effective Death Penalty Act’s one-year statute of limitations, overruled Schmidt’s objections, and dismissed the petition with prejudice. The court also denied a certificate of appealability and directed the clerk to close the case.
Holdings
- The district court overruled Schmidt's objections and adopted the magistrate judge's report and recommendation in its entirety.
- The petition was barred by AEDPA's one-year statute of limitations and was dismissed with prejudice.
- The court denied Schmidt's request for an evidentiary hearing and denied a certificate of appealability.
Questions Presented
- Whether the magistrate judge's recommendation that Schmidt's federal habeas petition was barred by AEDPA's one-year statute of limitations should be adopted.
- Whether Schmidt was entitled to a federal evidentiary hearing based on his assertion that the state court had not provided a full and fair review.
- Whether a certificate of appealability should issue.
Disposition
dismissed
Cases Cited (1)
- Bernhardt v. Los Angeles County, 339 F.3d 920, 925 (9th Cir.)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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