WILLIAMS v. MILLER-STOUT

FRED VAN SICKLE, District Judge

JUDGMENT HAVING been entered against Timothy Williams in Asotin County (Washington) Superior Court on or about May 19, 2003; Mr. Williams' conviction having become final before the Supreme Court decided Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004); and the Ninth Circuit having decided that Blakely does not apply retroactively to a conviction that became final before that case was decided, Schardt v. Payne, 414 F.3d 1025, 1038 (9th Cir. 2005); Now, therefore

1. Magistrate Judge Michael W. Leavitt correctly determined that Mr. Williams may not challenge the validity of his conviction under Blakely v. Washington, supra.

2. Mr. Williams' objections (Ct. Rec. 7) are overruled.

3. The Court adopts Magistrate Judge Leavitt's report and recommendation (Ct. Rec. 6).

4. Mr. Williams' amended petition for a writ of habeas corpus (Ct. Rec. 5) is dismissed with prejudice.

IT IS SO ORDERED. The District Court Executive is hereby directed to file this order, enter judgment accordingly, furnish copies of the order and judgment to Mr. Williams, and close the case.