Glover v. Fox

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION 6 and dismissing this action without prejudice. Signed by Honorable Vicki Miles-LaGrange on 10/22/2013. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ALEX SONNI GLOVER, JR.,

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Petitioner,
v.
MR. JOHN FOX,
Respondent.

Case No. CIV-13-965-M

ORDER
On September 24, 2013, United States Magistrate Judge Suzanne Mitchell issued a Report
and Recommendation in this action brought pursuant to 28 U.S.C. § 2241, seeking a writ of habeas
corpus. The Magistrate Judge recommended that the Court dismiss the action without prejudice
because Petitioner cannot proceed under § 2241 and his pleading must be construed as a § 2255
motion. Petitioner was advised of his right to object to the Report and Recommendation by October
14, 2013. On October 10, 2013, petitioner filed his objection, in which he objects to the Report and
Recommendation in its entirety.
The Court has carefully reviewed the matter de novo. The Court:
(1)

ADOPTS the Report and Recommendation [docket no. 6] issued by the Magistrate
Judge on September 24, 2013, and

(2)

DISMISSES this action without prejudice.

IT IS SO ORDERED this

22nd

day of October, 2013.