Malipurathu v. Vaughn et al

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATION 20 , denying 19 Petitioner's Motion Seeking Leave of Court to Enter Second Supplemental Attachment and dismissing this action without prejudice for failure to exhaust petitioner's State court remedies. Signed by Honorable Vicki Miles-LaGrange on 8/14/2012. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DENNIS MALIPURATHU,
Petitioner,
vs.
MARVIN VAUGHN, et al.,
Respondents.

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Case No. CIV-12-458-M

ORDER
On July 18, 2012, United States Magistrate Judge Bana Roberts issued a Report and
Recommendation in this action. The Magistrate Judge recommends that this action be dismissed
without prejudice as a result of his failure to exhaust his State court remedies. In addition, the
Magistrate Judge recommends that Petitioner’s Motion Seeking Leave of Court to Enter Second
Supplemental Attachment [docket no. 19] be DENIED. The parties were advised of their right to
object to the Report and Recommendation by August 7, 2012. Petitioner’s objection was filed on
August 7, 2012.
Upon de novo review of this matter, the Court:
(1)

DENIES Petitioner’s Motion Seeking Leave of Court to Enter Second Supplemental
Attachment [docket no. 19];

(2)

ADOPTS the Report and Recommendation issued by the Magistrate Judge on July
18, 2012; and

(3)

DISMISSES this action without prejudice for failure to exhaust petitioner’s State
court remedies.

IT IS SO ORDERED this 14th day of August, 2012.