Bobby Darrell Colbert v. Karen Arnold

Opinion

THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT TACOMA 9 BOBBY DARRELL COLBERT, CASE NO. C25-1768-JCC 10 Petitioner, ORDER 11 v. 12 KAREN ARNOLD, 13 Respondent. 14

15 This matter comes before the Court on Petitioner’s objection (Dkt. No. 7) to the Report 16 and Recommendation (“R&R”) of the Honorable Theresa L. Fricke, United States Magistrate 17 Judge (Dkt. No. 6). Judge Fricke R&R recommends that Petitioner’s writ of habeas corpus be 18 dismissed without prejudice for lack of jurisdiction and motions for leave for certificate and 19 requests for judicial notice be denied. (See id. at 5–6.) Petitioner’s objections (Dkt. No. 7) are not 20 responsive to the analysis or conclusions contained within the R&R and, therefore, do not trigger 21 this Court’s review of the R&R.1 22 23 1 A district court only reviews those portions of an R&R to which a party properly objects. See 24 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). Objections are required to enable the court to “focus attention on those issues—factual and legal—that are at the heart of the parties’ dispute.” 25 Thomas v. Arn, 474 U.S. 140, 147 (1985). The court is not required to review “any issue that is 26 not the subject of an objection.” Id. at 149. Said another way, for an objection to be proper, it must point to specific error contained within the R&R. See, e.g., United States v. Diaz-Lemus, 1 Accordingly, the Court hereby ORDERS as follows: 2 1. The Court ADOPTS the Report and Recommendation. 3 2. The Petition for Habeas Corpus (Dkt. No. 1-2) is DISMISSED without prejudice 4 for lack of jurisdiction. 5 3. Petitioner’s motion to proceed in forma pauperis (Dkt. No. 1), proposed motions 6 seeking leave for certificate (Dkt. Nos. 1-4), and requests for judicial notice (Dkt. 7 No. 1-5) are DENIED as moot. 8 4. A certificate of appealability is DENIED. 9 10 DATED this 23rd day of October 2025. A 11 12 13 John C. Coughenour 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 2010 WL 2573748, slip op. at 1 (D. Ariz. 2010); Djelassi v. ICE Field Office Director, 434 F. 26 Supp. 3d 917, 919 (W.D. Wash. 2020).