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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MYCHAL OWENS,

CASE NO. C17-5033 BHS
Petitioner,

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v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

DONALD R. HOLBROOK,

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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 J. Richard Creatura, United States Magistrate Judge (Dkt. 28),

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Petitioner Mychal Owens’s objections to the R&R (Dkt. 29), and Owens’s motion for

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exception to mandatory e-filing requirement (Dkt. 30) 1.

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On October 11, 2017, Judge Creatura issued an R&R recommending that the

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Court dismiss Owens’s petition as time-barred. Dkt. 28. On October 20, 2017, Owens

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filed objections. Dkt. 29.

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The Court GRANTS the motion and will consider Owens’s objections.

ORDER - 1

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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).

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In this case, Owens’s objections are without merit. Owens does not contest the

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timeliness of his petition and instead argues the merits of his claims. Owens also presents

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some novel jurisdictional arguments that are without merit. In sum, nothing in Owens’s

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objections establishes an error in Judge Creatura’s conclusions that Owens’s petition is

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untimely and that he is not entitled to equitable tolling. Therefore, the Court having

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

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order as follows:

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(1)

The R&R is ADOPTED;

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(2)

Owens’s petition is DISMISSED as time-barred;

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(3)

Owens is not entitled to a Certificate of Appealability; and

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(4)

The Clerk shall close this case.

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Dated this 27th day of November, 2017.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2