Opinion
NO: 2:14-CV-00219-TOR
10-20-2014
NATHANIEL SHAFER, Petitioner, v. THE STATE OF WASHINGTON, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING HABEAS PETITION
BEFORE THE COURT is Magistrate Judge Hutton's Report and Recommendation (ECF No. 4) to Dismiss the Habeas Petition (ECF No. 1). Petitioner, a prisoner at the Airway Heights Corrections Center, is proceeding pro se and has paid the $5.00 filing fee for this action; Respondent has not been served.
On September 24, 2014, Magistrate Judge Hutton recommended the Petition be dismissed with prejudice as untimely under 28 U.S.C. § 2244(d), and for lack of personal jurisdiction over the named Respondent. See Rule 2(a), Rules Governing Section 2254 Cases in the United States District Courts; Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994). There being no objections, the Court ADOPTS the Report and Recommendation (ECF No. 4).
Accordingly, IT IS ORDERED the Petition (ECF No. 1) is DISMISSED WITH PREJUDICE as untimely and for lack of personal jurisdiction.
IT IS SO ORDERED. The District Court Executive is directed to enter this Order, enter JUDGMENT for Respondent, forward copies to Petitioner at his last known address and CLOSE the file. The Court further certifies that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed. R.App. P. 22(b).
DATED October 20, 2014.
/s/
THOMAS O. RICE
United States District Judge