Fitzpatrick v. Monday et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION 9 and dismissing the Petition for Writ of Habeas Corpus as untimely filed. Signed by Honorable Vicki Miles-LaGrange on 7/10/2013. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
KEMAN FITZPATRICK,
Petitioner,
vs.
WILLIAM MONDAY, and
SCOTT PRUITT,
Respondents.

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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. § 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. After receiving an extension of time, on July 5, 2013, petitioner
filed his response to the Report and Recommendation.
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 10th day of July, 2013.