Fitzpatrick v. Monday et al
ORDER ADOPTING REPORT AND RECOMMENDATION 9 and dismissing the petition for writ of habeas corpus as untimely. Signed by Honorable Vicki Miles-LaGrange on 5/31/2013. (ks)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
WILLIAM MONDAY, and
Case No. CIV-13-284-M
On May 3, 2013, United States Magistrate Judge Shon T. Erwin issued a 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 as untimely filed. The parties were advised of their right to object to the Report and
Recommendation by May 20, 2013. A review of the file reveals no objection has been filed.
Upon de novo review, the Court:
ADOPTS the Report and Recommendation [docket no. 9] issued by the Magistrate
Judge on May 3, 2013, and
DISMISSES the Petition for Writ of Habeas Corpus as untimely filed.
IT IS SO ORDERED this 31st day of May, 2013.
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