Soren Richard Olsen II v. Jeffrey Perkins

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE SOREN RICHARD OLSEN II, 9 Petitioner, Case No. C25-638-KKE 10 v. ORDER DISMISSING ACTION JEFFREY PERKINS, 12 Respondent.

14 Having reviewed the Report and Recommendation of the Honorable Michelle L. Peterson, United States Magistrate Judge (Dkt. No. 25), Petitioner’s objections to that (Dkt. No. 26), and the remaining record, the Court finds and ORDERS: 17 (1) The Court ADOPTS the Report and Recommendation. None of Petitioner’s objections demonstrates error in the Report and Recommendation. First, although Petitioner contends that Judge Peterson erred in considering his amended petition to be his operative petition, the Report and Recommendation explicitly references both the original and amended petition and addresses the issues raised in both. See Dkt. No. 25 at 1.

22 And to the extent that Petitioner objects that the Report and Recommendation overlooks his request for an evidentiary hearing (Dkt. No. 26 at 6), an evidentiary hearing is not appropriate here. See Dkt. No. 15 at 5 (setting forth the law that governs when an evidentiary hearing is appropriate, and explaining why it does not support a hearing here). Judge Peterson explained: “Review under § 2254(d) is limited to the record before the state court[.]” Dkt. No. 25 at 5 (citing Cullen v. Pinholster, 563 U.S. 170, 181–82 (2011)).

5 Petitioner’s other objections fail to establish error in the Report and Recommendation and instead reiterate arguments rejected for reasons persuasively explained in the Report and Recommendation itself. Thus, Petitioner’s objections are OVERRULED.

8 (2) Petitioner’s amended petition for writ of habeas corpus (Dkt. No. 10) is DENIED, and this action is DISMISSED with prejudice.

10 (3) In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, a certificate of appealability is DENIED.

12 (4) The Clerk is directed to send copies of this Order to Petitioner, to counsel for Respondent, and to the Honorable Michelle L. Peterson.

14 Dated this 27th day of October, 2025.

A Kymberly K. Evanson 17 United States District Judge