Miller v. Mullin et al

Filing 13

ORDER ADOPTING 11 REPORT AND RECOMMENDATION. Signed by Honorable Robin J. Cauthron on 7/19/11. (lg, )

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA RICHARD LEE MILLER, Petitioner, vs. MIKE MULLIN, Respondent. ) ) ) ) ) ) ) ) ) No. CIV-11-172-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 Valerie K. Couch consistent with the provisions of 28 U.S.C. ยง 636(b)(1)(B). Judge Couch entered a Report and Recommendation on July 27, 2011, 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 and no point would be served in repeating that analysis. There is nothing raised by Petitioner 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, this action is denied, as untimely. A judgment will enter accordingly. IT IS SO ORDERED this 19th of July, 2011. 2

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