Hart v. Haynes

Filing 27

ORDER ADOPTING 25 REPORT AND RECOMMENDATION; granting respondent's 21 Motion to Dismiss; dismissing with prejudice 7 Petition for Writ of Habeas Corpus; denying a certificate of appealability, by Judge Robert S. Lasnik. **2 PAGE(S), PRINT ALL**(Richard Hart, Prisoner ID: 345928)(SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RICHARD BENNETT HART,
Petitioner,

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v.

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RON HAYNES,

Case No. C18-0591-RSL
ORDER DISMISSING FEDERAL
HABEAS ACTION

Respondent.

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The Court, having reviewed petitioner’s petition for writ of habeas corpus, respondent’s

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motion to dismiss the petition, the Report and Recommendation of Mary Alice Theiler, United

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States Magistrate Judge, petitioner’s objections thereto, and the remaining record, hereby finds

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and ORDERS:

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(1)

In response to the Report and Recommendation, petitioner argues that the one-year

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statute of limitations governing federal habeas petitions should be equitably tolled

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in this case. Petitioner vaguely argues that the state courts erred in concluding that

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his attempts to obtain post-conviction relief were time-barred. Dkt. 26 at 2. He has

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not shown “that some extraordinary circumstance stood in his way” and prevented

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him from timely filing this petition. Holland v. Fla., 560 U.S. 631, 649 (2010).
ORDER DISMISSING FEDERAL
HABEAS ACTION - 1

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(2)

The Report and Recommendation is approved and adopted;

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(2)

Respondent’s motion to dismiss petitioner’s federal habeas petition under the

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statute of limitations (Dkt. 21) is GRANTED;
(3)

Petitioner’s petition for writ of habeas corpus (Dkt. 7) and this action are

DISMISSED, with prejudice, as untimely under 28 U.S.C. § 2244(d);
(4)

In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the

United States District Courts, a certificate of appealability is DENIED; and
(5)

The Clerk is directed to send copies of this Order to petitioner, to counsel for

respondent, and to the Honorable Mary Alice Theiler.

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Dated this 5th day of March, 2019.

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A
ROBERT S. LASNIK

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United States District Judge

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ORDER DISMISSING FEDERAL
HABEAS ACTION - 2