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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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 JOEL PAUL REESMAN, Petitioner, 9 v. 10 RON HAYNES, 11 CASE NO. C16-5925 BHS ORDER DECLINING TO ADOPT REPORT AND RECOMMENDATION AND REMANDING Respondent. 12 This matter comes before the Court on the Report and Recommendation (“R&R”) 13 14 of the Honorable Theresa L. Fricke, United States Magistrate Judge (Dkt. 23), and 15 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 16 17 dismiss the petition as time-barred. Dkt. 23. On September 11, 2017, Reesman filed 18 objections asserting numerous arguments, including that he is actually innocent. Dkt. 24 19 at 1–2. 20 21 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 22 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). 3 In this case, Reesman’s actual innocence claim has not been fully briefed or 4 considered. Although the Government identified the claim in its motion to dismiss, it did 5 not address the actual innocence exception to the statute of limitations. See Dkt. 15. 6 Reesman raised the argument in his response, Dkt. 22 at 4–7, and the Government did not 7 file a reply. Thus, Reesman has raised an exception to a time-barred petition, which has 8 not been responded to or otherwise considered. Therefore, the Court DECLINES to 9 adopt the R&R and REMANDS for further consideration. 10 IT IS SO ORDERED. 11 Dated this 19th day of October, 2017. A 12 13 BENJAMIN H. SETTLE United States District Judge 14 15 16 17 18 19 20 21 22 ORDER - 2

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