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Carr v. Gay

United States District Court, W.D. Washington, at Tacoma
Dec 17, 2007
Case No. C07-5250FDB (W.D. Wash. Dec. 17, 2007)

Opinion

Case No. C07-5250FDB.

December 17, 2007


ORDER ADOPTING REPORT AND RECOMMENDATION


The Magistrate Judge analyzed the application of the one-year statute of limitations applicable in this habeas corpus petition, and concludes that this petition is time barred. Petitioner argued for equitable tolling, but the Magistrate Judge noted that Petitioner's own affidavit showed that the basis for his argument — his prison transfer and the resulting difficulties he had accessing the law library as well as his legal material being in storage — occurred in 2005, which was prior to the filing of his Personal Restraint Petition. In his objections, Petitioner reasserts his argument that he is entitled to equitable tolling under the circumstances. Plaintiff's objections fail to rebut the Magistrate Judge, and the Report and Recommendation will be adopted.

The Court having reviewed the Report and Recommendation of the Hon. J. Kelley Arnold United States Magistrate Judge, objections to the Report and Recommendation, and the remaining record, does hereby find and Order:

(1) The Court adopts the Report and Recommendation;
(2) The petition is DISMISSED WITH PREJUDICE for the reasons set forth in the Report and Recommendation. This petition is time barred.
(3) The clerk is directed to send copies of this Order to Petitioner, counsel for Respondent, and to the Hon. J. Kelley Arnold.


Summaries of

Carr v. Gay

United States District Court, W.D. Washington, at Tacoma
Dec 17, 2007
Case No. C07-5250FDB (W.D. Wash. Dec. 17, 2007)
Case details for

Carr v. Gay

Case Details

Full title:SHAWN JUSTIN CARR, Petitioner, v. WARDEN GAY, Respondent

Court:United States District Court, W.D. Washington, at Tacoma

Date published: Dec 17, 2007

Citations

Case No. C07-5250FDB (W.D. Wash. Dec. 17, 2007)