Wood v. Wilkinson

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATION 26 , denying the Petition for Writ of Habeas Corpus, with the exception of the unexhausted claims raised in Ground Six, dismissing without prejudice the unexhausted claims raised in Ground Six of the Petition for Writ of Habeas Corpus and ordering that judgment in favor of respondent issue forthwith. Signed by Honorable Vicki Miles-LaGrange on 2/29/2016. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
MICHAEL W. WOOD,
Petitioner,
vs.
TRACY McCOLLUM, Warden,
Respondent.

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Case No. CIV-13-628-M

ORDER
On February 2, 2016, United States Magistrate Judge Charles B. Goodwin 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 denied,
with the exception of the unexhausted claims raised in Ground Six, which should be dismissed
without prejudice.

The parties were advised of their right to object to the Report and

Recommendation by February 23, 2016. On February 23, 2016, petitioner filed his objection.
Having carefully reviewed this matter de novo, the Court:
(1)
(2)
(3)
(4)

ADOPTS the thorough and well-reasoned Report and Recommendation [docket no.
26] issued by the Magistrate Judge on February 2, 2016;
DENIES the Petition for Writ of Habeas Corpus, with the exception of the
unexhausted claims raised in Ground Six;
DISMISSES without prejudice the unexhausted claims raised in Ground Six of the
Petition for Writ of Habeas Corpus; and
ORDERS that judgment in favor of respondent issue forthwith.

IT IS SO ORDERED this 29th day of February, 2016.