Hill v. Mullin et al

Filing 18

ORDER ADOPTING 16 Report and Recommendation, GRANTING 10 Motion to Dismiss filed by Mike Mullin, DISMISSING action as untimely. Signed by Honorable Stephen P. Friot on 2/1/10. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA JEREMIAH RAMON HILL, Petitioner, vs. MIKE MULLIN, Respondent. ) ) ) ) ) ) ) ) )

Case No. CIV-09-1003-F

ORDER This action is filed by petitioner seeking habeas relief. On December 30, 2009, Magistrate Judge Robert E. Bacharach filed a Report and Recommendation (doc. no. 16) recommending that respondent's motion to dismiss (doc. no. 10) be granted on grounds of timeliness. The Report advised petitioner that failure to timely object to the Report forecloses appellate review of the suggested ruling contained in the Report. Petitioner has not responded to the Report and has not asked for an extension of time within which to respond. With no objection having been filed, the court, after review, hereby ADOPTS, ACCEPTS and AFFIRMS the Report and Recommendation of the Magistrate Judge. Accordingly, the motion to dismiss is GRANTED and this action is DISMISSED as untimely. Dated this 1st day of February, 2010.

09-1003p003.wpd