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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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 ROBERT BYRON LEE, Petitioner, 9 10 v. CASE NO. C17-5002 BHS ORDER ADOPTING REPORT AND RECOMMENDATION STATE OF WASHINGTON AND MARGARET GILBERT, 11 Defendant. 12 13 This matter comes before the Court on the Report and Recommendation (“R&R”) 14 of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 49), and 15 Petitioner Robert Byron Lee’s (“Lee”) objections to the R&R (Dkt. 50). 16 On October 4, 2017, Judge Creatura issued the R&R recommending that the Court 17 deny Lee’s petition on the merits. Dkt. 49. On October 11, 2017, Lee filed objections. 18 Dkt. 50. 19 The district judge must determine de novo any part of the magistrate judge’s 20 disposition that has been properly objected to. The district judge may accept, reject, or 21 modify the recommended disposition; receive further evidence; or return the matter to the 22 magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3). ORDER - 1 1 In this case, Lee failed to file substantive objections. Instead, Lee filed a short 2 declaration restating his grounds for relief and general objection to Judge Creatura’s 3 denial of these grounds. Dkt. 50. Therefore, having considered the R&R, Lee’s 4 objections, and the remaining record, the Court hereby finds and orders as follows: 5 (1) The R&R is ADOPTED; 6 (2) Lee’s petition is DENIED; 7 (3) A Certificate of Appealability is DENIED; 8 (4) Lee’s motion for transcripts on appeal is DENIED; and 9 (5) The Clerks shall enter JUDGMENT against Lee and close this case. 10 Dated this 8th day of November, 2017. A 11 12 BENJAMIN H. SETTLE United States District Judge 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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