McGee v. Rudek

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATION 34 , granting 16 respondent's motion to dismiss and dismissing the petition for a writ of habeas corpus as untimely. Signed by Honorable Vicki Miles-LaGrange on 8/30/2011. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
VINCENT WAYNE MCGEE,
Petitioner,
vs.
JAMES RUDEK, WARDEN,
Respondent.

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Case No. CIV-10-948-M

ORDER
On August 2, 2011, United States Magistrate Judge Bana Roberts issued a Report and
Recommendation in this action brought pursuant to 28 U.S.C. § 2254, seeking a writ of habeas
corpus. The Magistrate Judge recommended that respondent’s motion to dismiss be granted and the
petition be dismissed as untimely. Petitioner was advised of his right to object to the Report and
Recommendation by August 22, 2011. On August 23, 2011, petitioner filed his objection.
Having carefully reviewed this matter de novo, the Court:
(1)

ADOPTS the Report and Recommendation issued by the Magistrate Judge on
August 2, 2011;

(2)

GRANTS respondent’s motion to dismiss [docket no. 16], and

(3)

DISMISSES the petition for a writ of habeas corpus as untimely.

IT IS SO ORDERED this 30th day of August, 2011.