Opinion
CASE NO. 2:06-cv-0017, CRIM. NO. 2:02-cr-35(2).
December 15, 2006
OPINION AND ORDER
On October 25, 2006, the Magistrate Judge issued a Report and Recommendation recommending that claim two be dismissed and that petitioner be appointed counsel for an evidentiary hearing to determine whether equitable tolling of the statute of limitations is appropriate, and whether appellate counsel acted unreasonably in failing to pursue a claim under Blakely v. Washington, 542 U.S. 296 (2004). See Doc. No. 110. Although the parties were specifically informed of their right to object to the Report and Recommendation, and of the consequences of their failure to do so, there has nevertheless been no objection to the Report and Recommendation.
The Report and Recommendation is ADOPTED AND AFFIRMED. Claim two is DISMISSED. Petitioner is to be appointed counsel for an evidentiary hearing on the issue of whether equitable tolling of the statute of limitations is appropriate, and whether appellate counsel acted unreasonably in failing to pursue a Blakely claim. Respondent is to provide supplemental briefing on petitioner's claim that her sentence violated Blakely.
On December 4, 2006, respondent filed a supplemental response. Doc. No. 112.