Lee v. Gilbert

Filing 52

ORDER ADOPTING REPORT AND RECOMMENDATION by Judge Benjamin H. Settle re 50 Objections to Report and Recommendation, filed by Robert Byron Lee. **2 PAGE(S), PRINT ALL**(Robert Lee, Prisoner ID: 705130)(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ROBERT BYRON LEE,
Petitioner,

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v.

CASE NO. C17-5002 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

STATE OF WASHINGTON AND
MARGARET GILBERT,

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

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of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 49), and

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Petitioner Robert Byron Lee’s (“Lee”) objections to the R&R (Dkt. 50).

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On October 4, 2017, Judge Creatura issued the R&R recommending that the Court

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deny Lee’s petition on the merits. Dkt. 49. On October 11, 2017, Lee filed objections.

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Dkt. 50.

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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, Lee failed to file substantive objections. Instead, Lee filed a short

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declaration restating his grounds for relief and general objection to Judge Creatura’s

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denial of these grounds. Dkt. 50. Therefore, having considered the R&R, Lee’s

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objections, and the remaining record, the Court hereby finds and orders as follows:

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(1)

The R&R is ADOPTED;

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(2)

Lee’s petition is DENIED;

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(3)

A Certificate of Appealability is DENIED;

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(4)

Lee’s motion for transcripts on appeal is DENIED; and

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(5)

The Clerks shall enter JUDGMENT against Lee and close this case.

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Dated this 8th day of November, 2017.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2