Jones v. Taylor

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION 11 and dismissing the petition for writ of habeas corpus without prejudice to the filing of a copy of the "Motion for Relief" in petitioner's previous habeas proceeding, Jones v. Taylor, Case No. CIV-11-894-W. Signed by Honorable Vicki Miles-LaGrange on 2/26/2013. (ks)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ROBERT CHARLES JONES, Petitioner, vs. JOSEPH L. TAYLOR, Warden, Respondent. ) ) ) ) ) ) ) ) ) Case No. CIV-12-1387-M ORDER On January 14, 2013, United States Magistrate Judge Gary M. Purcell issued a Supplemental Report and Recommendation in this action brought pursuant to 28 U.S.C. § 2254, seeking a writ of habeas corpus. The Magistrate Judge recommended that the petition for writ of habeas corpus be dismissed without prejudice to the filing of a copy of the “Motion for Relief” in petitioner’s previous habeas proceeding, Jones v. Taylor, Case No. CIV-11-894-W. Petitioner was advised of his right to object to the Supplemental Report and Recommendation by February 4, 2013. A review of the file reveals no objection has been filed. Upon de novo review, the Court: (1) ADOPTS the Report and Recommendation issued by the Magistrate Judge on January 14, 2013, and (2) DISMISSES the petition for writ of habeas corpus without prejudice to the filing of a copy of the “Motion for Relief” in petitioner’s previous habeas proceeding, Jones v. Taylor, Case No. CIV-11-894-W. IT IS SO ORDERED this 26th day of February, 2013.

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