Cearley v Haynes

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION by Judge Benjamin H. Settle re 14 Objections to Report and Recommendation filed by Steven C Cearley. **2 PAGE(S), PRINT ALL**(Steven Cearley, Prisoner ID: 332286)(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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STEVEN C. CEARLEY,
Petitioner,

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v.

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CASE NO. C17-5416 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

RON HAYES,

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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 David W. Christel, United States Magistrate Judge (Dkt. 12), and

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Petitioner Steven Cearley’s (“Cearley”) objections to the R&R (Dkt. 14).

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On November 1, 2017, Judge Christel issued the R&R recommending that the

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Court dismiss Cearly’s petition as time-barred. Dkt. 12. On November 15, 2017,

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Cearley filed objections. Dkt. 14.

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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, Cearley contends that his petition is timely because his conviction did

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not become final until the state court of appeals issued its mandate. Dkt. 14 at 2–3.

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Cearley is incorrect. “[F]or a state prisoner who does not seek review in a State’s highest

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court, the judgment becomes ‘final’ on the date that the time for seeking such review

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expires.” Gonzalez v. Thaler, 565 U.S. 134, 150 (2012). Cearley did not seek review in

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the Washington Supreme Court. Thus, his conviction became final when the time for

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seeking review in that court passed and not when the court of appeals issued its mandate.

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Therefore, the Court having considered the R&R, Petitioner’s objections, and the
remaining record, does hereby find and order as follows:

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(1)

The R&R is ADOPTED;

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(2)

Cearley’s petition is DISMISSED as time-barred;

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(3)

The Court DENIES a Certificate of Appealability; and

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(4)

The Clerk shall enter JUDGMENT in favor of Respondent and close this

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case.
Dated this 18th day of December, 2017.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2