Owens v. State of Washington
ORDER ADOPTING REPORT AND RECOMMENDATION by Judge Benjamin H. Settle re 29 Objections to Report and Recommendation filed by Mychal Owens. **2 PAGE(S), PRINT ALL**(Mychal Owens, Prisoner ID: 878377)(TG)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
CASE NO. C17-5033 BHS
ORDER ADOPTING REPORT
DONALD R. HOLBROOK,
This matter comes before the Court on the Report and Recommendation (“R&R”)
of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 28),
Petitioner Mychal Owens’s objections to the R&R (Dkt. 29), and Owens’s motion for
exception to mandatory e-filing requirement (Dkt. 30) 1.
On October 11, 2017, Judge Creatura issued an R&R recommending that the
Court dismiss Owens’s petition as time-barred. Dkt. 28. On October 20, 2017, Owens
filed objections. Dkt. 29.
The Court GRANTS the motion and will consider Owens’s objections.
ORDER - 1
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
modify the recommended disposition; receive further evidence; or return the matter to the
magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).
In this case, Owens’s objections are without merit. Owens does not contest the
timeliness of his petition and instead argues the merits of his claims. Owens also presents
some novel jurisdictional arguments that are without merit. In sum, nothing in Owens’s
objections establishes an error in Judge Creatura’s conclusions that Owens’s petition is
untimely and that he is not entitled to equitable tolling. Therefore, the Court having
considered the R&R, Owens’s objections, and the remaining record, does hereby find and
order as follows:
The R&R is ADOPTED;
Owens’s petition is DISMISSED as time-barred;
Owens is not entitled to a Certificate of Appealability; and
The Clerk shall close this case.
Dated this 27th day of November, 2017.
BENJAMIN H. SETTLE
United States District Judge
ORDER - 2
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