Maxwell v. Lane

Filing 15

ORDER ADOPTING 14 Report and Recommendation, DISMISSING for lack of subject matter jurisdiction 1 Application for a Writ of Mandamus filed by Carlos Terrill Maxwell, DEEMING MOOT 2 Motion to Appoint Counsel filed by Carlos Terrill Maxwell. Signed by Honorable Stephen P. Friot on 8/13/13. (llg)

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

CARLOS TERRILL MAXWELL,
Plaintiff/Petitioner,
vs.
REECE LANE,
Defendant/Respondent.

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Case No. CIV-13-0145-F

ORDER
The Report and Recommendation of Magistrate Judge Suzanne Mitchell is
before the court. Doc. no. 14. By this action, petitioner Maxwell seeks a federal writ
of mandamus against the respondent, an official of Oklahoma County. The Report
recommends dismissal for lack of subject matter jurisdiction. The Report further
advises petitioner of his right to object to the Report by July 31, 2013, and that failure
to make timely objection waives the right to appellate review of factual and legal
issues addressed in the Report. No objection or request for an extension of time has
been filed.
Having conducted its own review and with there being no objection, the Report
and Recommendation of Magistrate Judge Mitchell is ACCEPTED, ADOPTED and
AFFIRMED. Petitioner’s application for a writ of mandamus is DISMISSED for

lack of subject matter jurisdiction. Also as recommended in the Report, petitioner’s
motion for appointment of counsel is deemed MOOT.
Dated this 13th day of August, 2013.

13-0145p001.wpd

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