Stachmus v. Rudek

Filing 18

ORDER by District Judge James H. Payne : Affirming and adopting 16 the Report and Recommendation; denying 2 Petition for Writ of Habeas Corpus (2241/2254) (acg, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
MICHAEL ERICK STACHMUS,
Petitioner,
v.
JAMES RUDEK, Warden,
Respondent.

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Case No. 11-CV-27-JHP-KEW

ORDER AFFIRMING AND ADOPTING THE REPORT AND
RECOMMENDATION OF THE UNITED STATES
MAGISTRATE JUDGE
On February 25, 2014, the United States Magistrate Judge entered a Report and
Recommendation in regard to Petitioner’s petition for writ of habeas corpus, filed pursuant to 28
U.S.C. § 2254. [Doc. No. 16]. The Magistrate Judge recommended that this action be, in all
respects, dismissed because the Petitioner has not established that he is in custody in violation of
the Constitution or the laws or treaties of the United States. The Plaintiff filed a timely objection
to the Magistrate Judge’s Report and Recommendation. [Doc. No. 17].
This Court finds that the Report and Recommendation of the Magistrate Judge is
supported by the record. Therefore, upon full consideration of the entire record and the issues
presented herein, the Court finds and orders that the Report and Recommendation entered by the
United States Magistrate Judge on February 25, 2014, be AFFIRMED and ADOPTED by this
Court as its Findings and Order.
IT IS SO ORDERED this 30th day of September, 2014.