Clay v. Oklahoma State of

Filing 11

ORDER ADOPTING [ 9 REPORT AND RECOMMENDATION; dismissing case. Signed by Honorable Robin J. Cauthron on 4/22/13. (lg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DAVID BLADE CLAY,
Petitioner,
vs.
STATE OF OKLAHOMA,
Respondent.

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No. CIV-13-248-C

ORDER OF DISMISSAL WITHOUT PREJUDICE
This action for habeas corpus relief brought by a prisoner, proceeding pro se, was
referred to United States Magistrate Judge Gary M. Purcell, consistent with the provisions
of 28 U.S.C. § 636(b)(1)(B). Judge Purcell entered a Report and Recommendation on
March 25, 2013. Petitioner timely filed a “Motion Requesting Reconsideration and or
Objection to Document 9,” which the Court will treat as a timely filed objection, and the
matter is therefore considered 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, there is nothing asserted by the Petitioner which was not fully considered and
correctly rejected by the Magistrate Judge, and no argument of fact or law is set forth in the
objection which would require a different result.

Accordingly, the Court adopts, in its entirety, the Report and Recommendation of
the Magistrate Judge, and for the reasons announced therein, this petition for habeas corpus
relief is dismissed without prejudice.
IT IS SO ORDERED this 22nd day of April, 2013.

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