United States District Court, W.D. Washington, Tacoma
October 21, 2014
DONALD GENE FARMER, Petitioner,
MAGGIE MILLER-STOUT, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
BENJAMIN H. SETTLE, District Judge.
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable Karen L. Strombom, United States Magistrate Judge (Dkt. 14), and Petitioner Donald Farmer's ("Farmer") objections to the R&R (Dkt. 15).
On August 15, 2014, Judge Strombom issued the R&R recommending that the Court dismiss Farmer's petition as time-barred. Dkt. 14. On September 5, 2014, Farmer filed objections. Dkt. 15. On September 17, 2014, the Government filed a response. Dkt. 16.
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, Farmer provides no valid basis for his objections. The Court agrees with Judge Strombom that Farmer's petition is time-barred by a significant amount of time and that Farmer has failed to show that he is entitled to any tolling. Therefore, the Court having considered the R&R, Farmer's objections, and the remaining record, does hereby find and order as follows:
(1) The R&R is ADOPTED;
(2) Farmer's petition is DENIED;
(3) A Certificate of Appealability is DENIED; and
(4) This action is DISMISSED.