Farmer v. Miller-Stout

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 15 Objections to Report and Recommendation filed by Donald Gene Farmer. (TG; cc mailed to petitioner)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DONALD GENE FARMER,

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Petitioner,

CASE NO. C14-5450 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
MAGGIE MILLER-STOUT,

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Respondent.

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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. 14), and
15 Petitioner Donald Farmer’s (“Farmer”) objections to the R&R (Dkt. 15).
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On August 15, 2014, Judge Strombom issued the R&R recommending that the

17 Court dismiss Farmer’s petition as time-barred. Dkt. 14. On September 5, 2014, Farmer
18 filed objections. Dkt. 15. On September 17, 2014, the Government filed a response.
19 Dkt. 16.
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The district judge must determine de novo any part of the magistrate judge’s

21 disposition that has been properly objected to. The district judge may accept, reject, or
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ORDER - 1

1 modify the recommended disposition; receive further evidence; or return the matter to the
2 magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).
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In this case, Farmer provides no valid basis for his objections. The Court agrees

4 with Judge Strombom that Farmer’s petition is time-barred by a significant amount of
5 time and that Farmer has failed to show that he is entitled to any tolling. Therefore, the
6 Court having considered the R&R, Farmer’s objections, and the remaining record, does
7 hereby find and order as follows:
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(1)

The R&R is ADOPTED;

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(2)

Farmer’s petition is DENIED;

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(3)

A Certificate of Appealability is DENIED; and

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(4)

This action is DISMISSED.

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Dated this 21st day of October, 2014.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2