Garrott v. Glebe

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H Settle re 17 Report and Recommendations. (TG; cc mailed to plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RODNEY L. GARROTT,

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Plaintiff,

CASE NO. C13-887 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
PAT GLEBE,

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Defendant.

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This matter comes before the Court on the Report and Recommendation (“R&R”)

14 of the Honorable Karen L. Strombom, United States Magistrate Judge (Dkt. 17), and
15 Plaintiff Rodney L. Garrott’s second motion for extension of time to file objections to the
16 R&R (Dkt. 20).
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On September 16, 2013, Judge Strombom issued the R&R recommending that the

18 Court deny Garrott’s petition for writ of habeas corpus. Dkt. 17. Judge Strombom found
19 that Garrott’s first ground for relief was time barred and his second ground for relief fails
20 on the merits. Id.
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On October 11, 2013, Garrott filed a motion for enlargement of time to file

22 objections. Dkt. 18. On November 4, 2013, the Court granted the motion and renoted

ORDER - 1

1 the R&R for consideration on the Court’s November 29, 2013 calendar. Dkt. 19. On
2 December 3, 2013, Garrott filed a second motion for extension of time. Dkt. 20.
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On January 3, 2014, Garrott filed a document entitled a staff report dated April 27,

4 2011. Dkt. 21 at 3. This report does not show that Judge Strombom’s conclusion as to
5 either ground for relief was in error. Therefore, the Court having considered the R&R,
6 Garrott’s objections, and the remaining record, does hereby find and order as follows:
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(1)

Garrott’s motion for extension of time is GRANTED;

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(2)

The R&R is ADOPTED;

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(3)

Garrott’s petition is DENIED;

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(4)

The Court DECLINES to issue a Certificate of Appealability; and

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(5)

This action is DISMISSED.

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Dated this 13th day of January, 2014.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2