Cooks v. Miller et al
Filing
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ORDER ADOPTING 11 REPORT AND RECOMMENDATION. Signed by Honorable Robin J. Cauthron on 5/8/13. (lg)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DONALD EUGENE COOKS,
Petitioner,
vs.
CHAD MILLER, Warden,
Cimarron Correctional Facility,
Respondent.
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No. CIV-12-1420-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 Suzanne Mitchell, consistent with the provisions
of 28 U.S.C. § 636(b)(1)(B). Judge Mitchell entered a Report and Recommendation on April
12, 2013, to which Petitioner has timely objected. The Court therefore considers the matter
de novo.
The facts and law are accurately set out in the Magistrate Judge’s Report and
Recommendation and there is no purpose to be served in repeating them yet again. In his
objection, Petitioner merely restates the conclusions and legal argument originally asserted,
and raises no issue not fully and accurately addressed and rejected by the Magistrate Judge.
Accordingly, the Court adopts, in its entirety, the Report and Recommendation of the
Magistrate Judge (Dkt. No. 11), and for the reasons announced therein, this petition for
habeas corpus relief is dismissed with prejudice. As no amendment can cure the defect, this
dismissal acts as an adjudication on the merits, and a judgment will enter.
IT IS SO ORDERED this 8th day of May, 2013.
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