Fitzpatrick v. Monday et al

Filing 10

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA KEMAN FITZPATRICK, Petitioner, vs. WILLIAM MONDAY, and SCOTT PRUITT, Respondents. ) ) ) ) ) ) ) ) ) ) Case No. CIV-13-284-M ORDER 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. ยง 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: (1) ADOPTS the Report and Recommendation [docket no. 9] issued by the Magistrate Judge on May 3, 2013, and (2) 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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