Thomas v. McCollum

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION, the Court ADOPTS the 16 Report and Recommendation; GRANTS Thomas' request for dismissal, see 15 ; deems MOOT McCollum's 12 Motion to Dismiss Writ of Habeas Corpus; and DISMISSES this matter w/o prej. Signed by Honorable Lee R. West on 9/10/13. (ap)

IN THE UNITED STATES DISTRICT COURT FOR

FILED
SEP 1 0 2013

THE WESTERN DISTRICT OF OKLAHOMA
KYLE THOMAS,
Petitioner,
vs.
TRACY McCOLLUM, Warden,
Respondent.

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ROBERT D D~NNIS, CLERK
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U.S. DIST. COURT, WESTERN 0lS1 OF OKLA.
BY ftd
DEPUTY

No. CIV-13-622-W

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ORDER
On August 16, 2013, United States Magistrate Judge Suzanne Mitchell issued a
Report and Recommendation in this matter and recommended that the Petition for Writ of
Habeas Corpus ("Petition") filed by petitioner Kyle Thomas pursuant to title 28, section
2241 of the United States Code be dismissed. The parties were advised of their right to
object to the Report and Recommendation, but no objections have been filed within the
allotted time.
Upon review of the record, the Court concurs with Magistrate Judge Mitchell's
suggested disposition of this matter, the Motion to Dismiss Writ of Habeas Corpus [Doc.
12] filed by respondent Tracy McCollum, Warden, and Thomas' request to dismiss this
matter. See Doc. 15.
Accordingly, the Court
(1) ADOPTS the Report and Recommendation [Doc. 16] filed on August 16,2013;
(2) because Thomas has failed to fully exhaust his state judicial remedy, see 57
O.S. § 564.1, and because he has the absolute right, as he has so requested, to dismiss
the instant Petition without prejudice because McCollum has neither answered nor moved

for summary judgment,

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Rule 41(a)(1), F.R.Civ.P., GRANTS Thomas' request for

dismissal, see Doc. 15;
(3) deems MOOT McCollum's Motion to Dismiss Writ of Habeas Corpus [Doc. 12]
filed on July 31,2013; and
(4) DISMISSES this matter without prejudice.

ENTERED this

I cP-f1.. day of September, 2013.

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R. / WEST
UNITED STATES DISTRICT JUDGE

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