Reesman v. Haynes

Filing 25

ORDER DECLINING TO ADOPT REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 24 Objections to Report and Recommendation, filed by Joel Paul Reesman. **2 PAGE(S), PRINT ALL**(Joel Reesman, Prisoner ID: 316821)(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JOEL PAUL REESMAN,
Petitioner,

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v.

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RON HAYNES,

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CASE NO. C16-5925 BHS
ORDER DECLINING TO ADOPT
REPORT AND
RECOMMENDATION AND
REMANDING

Respondent.

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

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of the Honorable Theresa L. Fricke, United States Magistrate Judge (Dkt. 23), and

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Petitioner Joel Paul Ressman’s (“Reesman”) objections to the R&R (Dkt. 24).
On August 31, 2017, Judge Fricke issued the R&R recommending that the Court

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dismiss the petition as time-barred. Dkt. 23. On September 11, 2017, Reesman filed

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objections asserting numerous arguments, including that he is actually innocent. Dkt. 24

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at 1–2.

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The district judge must determine de novo any part of the magistrate judge’s
disposition that has been properly objected to. The district judge may accept, reject, or

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ORDER - 1

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modify the recommended disposition; receive further evidence; or return the matter to the

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magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).

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In this case, Reesman’s actual innocence claim has not been fully briefed or

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considered. Although the Government identified the claim in its motion to dismiss, it did

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not address the actual innocence exception to the statute of limitations. See Dkt. 15.

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Reesman raised the argument in his response, Dkt. 22 at 4–7, and the Government did not

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file a reply. Thus, Reesman has raised an exception to a time-barred petition, which has

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not been responded to or otherwise considered. Therefore, the Court DECLINES to

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adopt the R&R and REMANDS for further consideration.

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IT IS SO ORDERED.

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Dated this 19th day of October, 2017.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2