Metcalf v. Patton

Filing 16

ORDER by Judge Ronald A. White : Affirming and adopting 12 the Report and Recommendation. Dismissing 1 petitioner's Petition for Writ of Habeas Corpus (2241/2254) (acg, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
DUSTIN METCALF,
Petitioner,
v.

Case No. CIV-15-076-RAW-KEW

JOE M. ALLBAUGH, DOC Director,
Respondent.

ORDER
On February 7, 2017, the United States Magistrate Judge filed a Report and
Recommendation, recommending that this action (commenced by the Petitioner Dustin Metcalf’s
filing of a Petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254) be in all respects
dismissed. Petitioner filed a notice stating that he received the Report and Recommendation on
February 13, 2017 and understood that any objections to the same were due within 14 days from
the date of receipt. No objection has been filed.
After a de novo review, and construing Petitioner’s pro se filings liberally, the court finds
that the Magistrate Judge’s Report and Recommendation is well-supported by the evidence and
the prevailing legal authority. Accordingly, the Report and Recommendation of the Magistrate
Judge is hereby AFFIRMED and ADOPTED as this court’s Findings and Order. Petitioner’s
petition pursuant to 28 U.S.C. § 2254 is hereby DISMISSED.
IT IS SO ORDERED this 3rd day of March, 2017.

______________________________________
THE HONORABLE RONALD A. WHITE
UNITED STATES DISTRICT JUDGE
EASTERN DISTRICT OF OKLAHOMA