Reesman v. Haynes

Filing 88

ORDER ADOPTING 86 REPORT AND RECOMMENDATION, signed by Judge Benjamin H. Settle. Reesman's petition is DENIED. A Certificate of Appealability is DENIED. (ERA)

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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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CASE NO. C16-5925 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

RON HAYNES,

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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. 86, and

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Petitioner Joel Paul Reesman’s (“Reesman”) objections to the R&R, Dkt. 87.

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On May 28, 2019, Judge Fricke issued the R&R recommending that the Court

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deny Reesman’s actual innocence claim and deny a certificate of appealability. Dkt. 86.

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On May 30, 2019, Reesman filed objections. Dkt. 87.

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The district judge must determine de novo any part of the magistrate judge’s

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

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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).

ORDER - 1

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In this case, Reesman simply disagrees with Judge Fricke’s conclusions. The

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Court, however, agrees with Judge Fricke that Reesman failed to show that no reasonable

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juror would convict him based on the evidence he presented. Therefore, the Court having

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considered the R&R, Reesman’s objections, and the remaining record, does hereby find

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and order as follows:

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(1)

The R&R is ADOPTED;

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(2)

Reesman’s petition is DENIED;

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(3)

A Certificate of Appealability is DENIED; and

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(4)

The Clerk shall enter a JUDGMENT and close the case.

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Dated this 10th day of July, 2019.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2