Broughton v. Haynes

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 13 Report and Recommendations. **1 PAGE(S), PRINT ALL**(Prenters Broughton, Prisoner ID: 680096)(TG)

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1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 2 3 4 PRENTERS BROUGHTON III, Petitioner, 5 7 ORDER ADOPTING REPORT AND RECOMMENDATION v. 6 CASE NO. C16-5734 BHS RON HAYNES, Respondent. 8 9 This matter comes before the Court on the Report and Recommendation (“R&R”) 10 of the Honorable J. Richard Creatura, United States Magistrate Judge. Dkt. 13. The Court 11 having considered the R&R and the remaining record, and no objections having been 12 filed, does hereby find and order as follows: 13 (1) The R&R is ADOPTED. 14 (2) Petitioner’s petition for habeas corpus (Dkt. 5) is untimely and there are no 15 extraordinary circumstances in his case that require the application of equitable tolling 16 principles. Therefore, this federal habeas petition is dismissed with prejudice. 17 (3) 18 Dated this 4th day of January, 2017. A certificate of appealability is DENIED. A 19 20 BENJAMIN H. SETTLE United States District Judge 21 22 ORDER

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