Simank v. Taylor

Filing 20

ORDER ADOPTING 18 Supplemental Report and Recommendation, DENYING 1 Petition for Writ of Habeas Corpus. Signed by Honorable Stephen P. Friot on 7/21/11. (llg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
JAMES MARTIN SIMANK,
Petitioner,
-vsJUSTIN JONES, Director,
Respondent.

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Case No. CIV-10-1278-F

ORDER
On June 16, 2011, United States Magistrate Judge Gary M. Purcell issued a
Supplemental Report and Recommendation, wherein he recommended that
petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be
denied.
Presently before the court is the timely objection of petitioner to the
Supplemental Report and Recommendation.

In accordance with 28 U.S.C.

§ 636(b)(1), the court has conducted a de novo review of the matter. Having done so,
the court concurs with the analysis of Magistrate Judge Purcell. The court finds
petitioner’s objection to be without merit. The court therefore accepts, adopts and
affirms the Report and Recommendation in its entirety.
Accordingly, the Supplemental Report and Recommendation issued by United
States Magistrate Judge Gary M. Purcell on June 16, 2011 (doc. no. 18) is
ACCEPTED, ADOPTED and AFFIRMED. Petitioner’s petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254 is DENIED.
DATED July 21, 2011.

10-1278p004.wpd