Briscoe v. United States of America

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATION; petitioner's 2255 motion is denied and this case is dismissed with prejudice; petitioner is denied issuance of a certif of appealability by Judge Robert S. Lasnik. (RS)cc J Briscoe

01 02 03 04 05 06 07 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) Petitioner, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Respondent. ) ____________________________________ ) CASE NO. C09-1847-RSL (CR07-218-RSL)

08 JAMES JEREMY BRISCOE, 09 10 11 12 13 14

ORDER OF DISMISSAL

The Court, after careful consideration of petitioner's 28 U.S.C. § 2255 motion for writ

15 of habeas corpus, the government's response, supplemental briefing on the question of 16 equitable tolling, the Report and Recommendation of the Honorable Mary Alice Theiler, the 17 governing authorities and the balance of the record, does hereby find and ORDER: 18 19 20 21 22 (3) (4) (1) (2) The Report and Report is ADOPTED; Petitioner's § 2255 motion is DENIED as time-barred and this case is DISMISSED with prejudice; Petitioner is DENIED issuance of a certificate of appealability; and The Clerk is directed to send copies of this Order to the parties and to Judge

ORDER OF DISMISSAL PAGE -1

01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22

Theiler. DATED this 1st day of December, 2010.

A Robert S. Lasnik
United States District Judge

ORDER OF DISMISSAL PAGE -2