Mitchell v. Jones et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Honorable David L. Russell on 10/3/12. (ns)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ULYSSES MITCHELL,
Petitioner,
v.

ERIC FRANKLIN,
Respondent.

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Case No. CIV-12-734-R

ORDER
Petitioner filed this action pursuant to 28 U.S.C. § 2241 seeking a writ of habeas
corpus because the Oklahoma Department of Corrections allegedly denied him access to a
substance abuse treatment program that would have reduced his period of incarceration had
he been able to successfully complete the treatment program. Pursuant to 28 U.S.C. §
636(b)(1)(B), the matter was referred to United States Magistrate Judge Gary M. Purcell for
preliminary review.

On September 7, 2012, Judge Purcell issued a Report and

Recommendation wherein he recommended the petition be dismissed without prejudice on
the basis of nonexhaustion of administrative remedies. Petitioner has not objected to the
Report and Recommendation within the time limits prescribed nor has he sought an extension
of time in which to object. Accordingly, the Report and Recommendation is hereby adopted
in its entirety and the petition is hereby dismissed without prejudice.
IT IS SO ORDERED this 3rd day of October, 2012.