Owens v. State of Washington

Filing 32

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)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 MYCHAL OWENS, CASE NO. C17-5033 BHS Petitioner, 9 10 v. ORDER ADOPTING REPORT AND RECOMMENDATION DONALD R. HOLBROOK, 11 Respondent. 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. 28), 15 Petitioner Mychal Owens’s objections to the R&R (Dkt. 29), and Owens’s motion for 16 exception to mandatory e-filing requirement (Dkt. 30) 1. 17 On October 11, 2017, Judge Creatura issued an R&R recommending that the 18 Court dismiss Owens’s petition as time-barred. Dkt. 28. On October 20, 2017, Owens 19 filed objections. Dkt. 29. 20 21 22 1 The Court GRANTS the motion and will consider Owens’s objections. ORDER - 1 1 The district judge must determine de novo any part of the magistrate judge’s 2 disposition that has been properly objected to. The district judge may accept, reject, or 3 modify the recommended disposition; receive further evidence; or return the matter to the 4 magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3). 5 In this case, Owens’s objections are without merit. Owens does not contest the 6 timeliness of his petition and instead argues the merits of his claims. Owens also presents 7 some novel jurisdictional arguments that are without merit. In sum, nothing in Owens’s 8 objections establishes an error in Judge Creatura’s conclusions that Owens’s petition is 9 untimely and that he is not entitled to equitable tolling. Therefore, the Court having 10 considered the R&R, Owens’s objections, and the remaining record, does hereby find and 11 order as follows: 12 (1) The R&R is ADOPTED; 13 (2) Owens’s petition is DISMISSED as time-barred; 14 (3) Owens is not entitled to a Certificate of Appealability; and 15 (4) The Clerk shall close this case. 16 Dated this 27th day of November, 2017. A 17 18 BENJAMIN H. SETTLE United States District Judge 19 20 21 22 ORDER - 2

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