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Newton v. Rosenblum

United States District Court, D. Oregon

November 19, 2014

DARRELL E. NEWTON, Petitioner,
v.
ERIC D. WILSON and ELLEN ROSENBLUM, Respondents.

OPINION AND ORDER

MICHAEL J. McSHANE, District Judge.

Petitioner, pro se, brings this amended petition seeking habeas corpus relief under 28 U.S.C. § 2254. Petitioner seeks to challenge two state court convictions, including sexual abuse in the first degree, ORS § 163.427, and attempted sodomy in the second degree, ORS § 163.395, because of alleged ineffective assistance of counsel and ineffective notice of appeal rights. Judge Mark D. Clarke issued a Report and Recommendation on October 30, 2014, recommending denial. The matter is now before this Court. See 28 U.S.C. § 636(b)(1)(B); Fed.R.Civ.P. 72(b).

This Court reviews all portions of the Report and Recommendation subject to objection de novo. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Bus. Machs. Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Petitioner timely filed objections. Upon review, this Court finds no error in Judge Clarke's Report and Recommendation, ECF No. 35. As indicated by Judge Clarke, petitioner neither filed his habeas corpus petition within the one-year statute of limitations proscribed by 28 U.S.C. § 2244(d) nor demonstrated that extraordinary circumstances beyond his control prevented him from filing his petition. Report & Recommendation 4-7, ECF No. 35. Accordingly, petitioner's amended petition is denied as time-barred.

CONCLUSION

This Court ADOPTS Judge Clarke's Report and Recommendation, ECF No. 35, in full. Petitioner's amended petition, ECF No. 22, is DENIED.

IT IS SO ORDERED.


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