Knox v. Miller

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION; the Court ADOPTS the 16 Report and Recommendation; GRANTS Jones' 11 Motion to Dismiss Writ of Habeas Corpus; in so doing DECLINES Knox's request that the Court grant him an extension of time to exhaust available remedies; DISMISSES Knox's Petition w/o prej. Signed by Honorable Lee R. West on 7/23/13. (ap)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF OKLAHOMA
ANTON 10 L. KNOX,

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Petitioner,
vs.
JUSTIN JONES, Director, 1
Respondent.

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F, LED

JUL 2 3 2013

ROBtRT D, DENNIS CLERK
T WESTERN DIST. OF OKLA.
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_DEPUry

U,sB~ISr

k

No. CIV-13-390-W

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ORDER
On July 2, 2013, United State~Magistrate Judge Gary M. Purcell issued a Report
and Recommendation in this matter and recommended that the Motion to Dismiss Writ of
Habeas Corpus filed by respondent Justin Jones, Director, be granted and that the
Petition for Writ of Habeas Corpus ("Petition") filed by petitioner Antonio L. Knox be
dismissed because Knox had failed to exhaust his administrative and statutory remedies.
Knox was advised of his rig ht to object, see Doc. 16 at 6, and the matter now comes before
the Court on Knox's "Timely Objection to Report and Recommendation." See Doc. 17.
Upon de novo review of the record, the Court concurs with Magistrate Judge
Purcell's suggested disposition of Jones' motion and Knox's Petition. In his Petition, Knox
has challenged a disciplinary proceeding conducted at Dick Conner Correctional Center,
which resulted in disciplinary segregation for thirty (30) days and forfeiture of 365 earned
credits.

1Although petitioner Knox named Chad Miller, Warden, as respondent, see Doc. 1, as
United States Magistrate Judge Gary M. Purcell determined in his Order issued on May 13,2013,
see Doc. 8, Justin Jones, Director of the Oklahoma Department of Corrections, is the proper
respondent pursuant to Rule 2(a) of the Rules Governing Section 2254 Cases.

Although Knox has alleged in his Petition that he should be "excused from the
exhaustion requirement because state exhaustion is futile," Doc. 1 at 2, Knox has failed
to demonstrate that the Oklahoma Department of Corrections ("DOC") hindered his ability
to complete DOC's administrative requirements. Because Knox has likewise failed to show
that he pursued the remedies provided to him under Oklahoma law, see 57 O.S . § 564.1,
dismissal as requested by Jones is warranted.
Accordingly, the Court
(1) ADOPTS the Report and Recommendation [Doc. 16] filed on July 2,2013;
(2) GRANTS Jones' Motion to Dismiss Writ of Habeas Corpus [Doc. 11] filed on
June 12, 2013;
(3) in so doing, DECLINES Knox's request that the Court grant him an extension of
time to exhaust available remedies, see Doc. 17 at 1;2 and
(4) DISMISSES Knox's Petition without prejudice.

ENTERED this 23~ day of July, 2013.

21n his "Timely Objection to Report and Recommendation," Knox requested that the Court
review certain attached information that was submitted to the District Court for Osage County,
Oklahoma. See Doc. 17 at 1. No materials were attached to, or accompanied, this document
when it was received by the Clerk of this Court.

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