Wood v. Wilkinson

Filing 57

ORDER ADOPTING REPORT AND RECOMMENDATION 51 , granting 47 petitioner's Motion to Delete Ground V of His Habeas Petition, denying the Petition for Writ of Habeas Corpus in its entirety, and denying 45 petitioner's motion for an evidentiary hearing and appointment of counsel. Signed by Honorable Vicki Miles-LaGrange on 2/22/2017. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
MICHAEL W. WOOD,
Petitioner,
vs.
JOE M. ALLBAUGH, Director,
Respondent.

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Case No. CIV-13-628-M

ORDER
On December 22, 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 petitioner’s motion to amend the Petition by
deleting the claims which petitioner lists as “Ground V” be granted and that the amended Petition
for Writ of Habeas Corpus be denied in its entirety. The parties were advised of their right to object
to the Report and Recommendation by January 11, 2017. Having received an extension of time,
petitioner filed his objection on February 13, 2017. In his objection, petitioner objects to the Report
and Recommendation in its entirety.
Having carefully reviewed this matter de novo, the Court:
(1)

ADOPTS the thorough and well-reasoned Report and Recommendation [docket no.
51] issued by the Magistrate Judge on December 22, 2016;

(2)

GRANTS petitioner’s Motion to Delete Ground V of His Habeas Petition [docket no.
47];

(3)

DENIES the Petition for Writ of Habeas Corpus in its entirety;

(4)

DENIES petitioner’s motion for an evidentiary hearing and appointment of counsel
[docket no. 45]; and

(5)

ORDERS that judgment in favor of respondent issue forthwith.

IT IS SO ORDERED this 22nd day of February, 2017.