Mantzke v. Province et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Honorable Robin J. Cauthron on 8/3/09. (lg, )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA BERNARD JOHN MANTZKE, Petitioner, vs. GREG PROVINCE, Warden, et al., Respondents. ) ) ) ) ) ) ) ) )

No. CIV-08-1056-C

ORDER ADOPTING REPORT AND RECOMMENDATION This action for habeas corpus relief brought by a prisoner, proceeding pro se, was referred to United States Magistrate Judge Doyle W. Argo consistent with the provisions of 28 U.S.C. § 636(b)(1)(B). Judge Argo entered a Report and Recommendation on July 14, 2009, to which Petitioner has timely objected. The Court therefore considers the matter de novo. The facts and relevant law are set out in full in the accurate and well-reasoned opinion of the Magistrate Judge. No point would be served in repeating that analysis. In his objection, Petitioner merely restates the conclusions and legal argument originally asserted, and there is nothing asserted which was not fully considered and correctly rejected by the Magistrate Judge, and no argument of fact or law is set forth in the objection which would require a different result.

Accordingly, the Court adopts, in its entirety, the Report and Recommendation of the Magistrate Judge, and for the reasons announced therein, denies this petition for habeas corpus relief. A judgment will enter accordingly. IT IS SO ORDERED this 3rd day of August, 2009.

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