Oden v. Arnold

Opinion

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5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 MATTHEW J. ODEN, CASE NO. C25-5235 BHS 8 Petitioner, ORDER 9 v. 10 KARIN ARNOLD, 11 Respondent. 12

13 THIS MATTER is before the Court on Magistrate Judge Brian A. Tsuchida’s 14 Report and Recommendation (R&R), Dkt. 4, recommending the Court deny pro se 15 petitioner Matthew Oden’s application to proceed in forma pauperis because he can 16 afford the filing fee, and deny Oden’s § 2254 habeas petition as time barred. Oden pled 17 guilty to first degree murder in 2006. He seeks to challenge his conviction and sentence 18 under § 2241, but the R&R correctly explains that “28 U.S.C. § 2254 is the exclusive 19 vehicle for a habeas relief that is available to him because he is a prisoner serving a 20 sentence pursuant to a state court conviction and judgment.” Dkt. 4 at 2 (citing White v. 21 Lambert, 370 F.3d 1002, 1009-10 (9th Cir. 2004), overruled on other grounds by 22 Hayward v. Marshall, 603 F.3d 546 (9th Cir. 2010) (en banc)). 1 The R&R also explains that Oden can afford the filing fee, and that the limitations 2 period for a habeas petition accrued January 12, 2008, some 17 years before he filed his

3 petition. 4 A district judge must determine de novo any part of a magistrate judge’s proposed 5 disposition to which a party has properly objected. It must modify or set aside any 6 portion of the order that is clearly erroneous or contrary to law. Fed. R. Civ. P. 72(a). The 7 district judge may accept, reject, or modify the recommended disposition; receive further 8 evidence; or return the matter to the magistrate judge with instructions. Fed. R. Civ. P.

9 72(b)(3). A proper objection requires “specific written objections to the proposed 10 findings and recommendations” in the R&R. Fed. R. Civ. P. 72(b)(2). 11 Oden has not objected to the R&R, and it is clear that his habeas petition is time 12 barred. The R&R is ADOPTED, and Oden’s habeas petition is DENIED. The Court will 13 not issue a Certificate of Appealability. The case is DISMISSED.

14 The Clerk shall enter a JUDGMENT and close the case. 15 IT IS SO ORDERED. 16 Dated this 15 day of April, 2025. A 17 18 BENJAMIN H. SETTLE 19 United States District Judge

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