Clay v. Oklahoma State of

Filing 10

ORDER ADOPTING 7 REPORT AND RECOMMENDATION, dismissing case. Signed by Honorable Robin J. Cauthron on 7/6/11. (lg, ) (Main Document 10 replaced on 7/6/2011) (lg, ).

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA

TIMOTHY W. CLAY,
Petitioner,
vs.
STATE OF OKLAHOMA,
Respondent.

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No. CIV-11-546-C

ORDER OF DISMISSAL

This petition for writ of coram nobis brought by a prisoner, proceeding pro se, was
referred to United States Magistrate Judge Doyle W. Argo consistent with the provisions of
28 U.S.C. § 636(b)(1)(B). Judge Argo entered a Report and Recommendation on June 15,
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 asserted by the 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. The cases cited by Petitioner in support of the availability
of coram nobis relief involve prior federal convictions rather than state convictions, and they
lend no support to his claim.

Accordingly, the Court adopts, in its entirety, the Report and Recommendation of the
Magistrate Judge, and for the reasons announced therein, this petition for writ of coram nobis
is dismissed.
IT IS SO ORDERED this 6th day of July, 2011.

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