Farrell v. Flynn

Full title: DALE GORDON FARRELL, Petitioner, v. DAVID FLYNN, Respondent.

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

Date published: Jul 16, 2019

CASE NO. 19-5210 RJB-TLF (W.D. Wash. Jul. 16, 2019)

Opinion

CASE NO. 19-5210 RJB-TLF

07-16-2019

DALE GORDON FARRELL, Petitioner, v. DAVID FLYNN, Respondent.

ROBERT J. BRYAN United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

THIS MATTER comes before the Court on the Report and Recommendation of U.S. Magistrate Judge Theresa L. Fricke. Dkt. 11. The Court has considered the Report and Recommendation, objections, if any, and the remaining record.

The Report and Recommendation recommends dismissing this 28 U.S.C. § 2254 petition as time barred and procedurally barred. Dkt. 11. It also recommends denying the certificate of appealability. Id.

The Report and Recommendation (Dkt. 11) should be adopted. The Petitioner's petition is time barred under 28 U.S.C. § 2244 and is procedurally barred because the Petitioner did not appeal any of the state court rulings to the Washington State Supreme Court. The certificate of appealability should be denied.

It is ORDERED that:

(1) The Report and Recommendation (Dkt. 11) IS ADOPTED;

(2) The Petition IS DISMISSED; and

(3) The Certificate of Appealability IS DENIED.

The Clerk is directed to send uncertified copies of this Order to U.S. Magistrate Judge Fricke, all counsel of record, and to any party appearing pro se at said party's last known address.

Dated this 16^th day of July, 2019.

/s/_________

ROBERT J. BRYAN

United States District Judge