Whitmore v. Kirkpatrick et al

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATION 26 , denying 26 petitioner's petition for writ of habeas corpus and denying 25 petitioner's motion to stay. Signed by Honorable Vicki Miles-LaGrange on 9/20/2011. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DAVID ROBIN WHITMORE,
Petitioner,
vs.
JUSTIN JONES, et al.,
Respondents.

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Case No. CIV-10-1346-M

ORDER
On August 16, 2011, United States Magistrate Judge Doyle W. Argo issued a Report and
Recommendation in this action brought pursuant to 28 U.S.C. § 2241, seeking a writ of habeas corpus. The
Magistrate Judge recommended that the petition for habeas corpus under § 2241 be denied and that
petitioner’s motion to stay also be denied. Petitioner was advised of his right to object to the Report and
Recommendation by September 6, 2011. After being granted an extension, on September 13, 2011 petitioner
filed his objection, objecting to the Report and Recommendation in its entirety.
Upon de novo review, the Court:
(1)

ADOPTS the Report and Recommendation issued by the Magistrate Judge on August 16,
2011;

(2)

DENIES the petition for writ of habeas corpus [docket no. 26], and

(3)

DENIES petitioner’s motion to stay [docket no. 25].

IT IS SO ORDERED this 20th day of September, 2011.