Winterhalter v. Chrisman

Filing 19

ORDER ADOPTING 18 Report and Recommendation, GRANTING IN PART and DENYING IN PART 15 Motion to Dismiss for failure to exhaust filed by Jerry Chrisman, ADMINISTRATIVELY CLOSING this action to allow petitioner to return to the Okla state courts to seek relief on his unexhausted claim. Petitioner is directed to file a notice with the court clerk w/i 30 days of this date showing that he has initiated post-conviction proceedings on his unexhausted claims. Additionally, petitioner must move t o reopen this case w/i 14 days after the Okla Court of Criminal Appeals enters a final disposition. If petitioner fails to timely comply with these requirements, this action will be dismissed w/o prejudice. Signed by Honorable Stephen P. Friot on 4/8/14. (llg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
FRANKIE DEAN WINTERHALTER,
Petitioner,
v.
JERRY CHRISMAN, Warden,
Respondent.

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Case No. CIV-13-1167-F

ORDER
Before the court is the Report and Recommendation of United States Magistrate
Shon T. Erwin. Doc. no. 18. No objection to the Report and Recommendation has
been filed, nor has an extension of time in which to object been sought or granted.
Therefore, the Report and Recommendation is ADOPTED in its entirety;
respondent’s motion to dismiss for failure to exhaust (doc. no. 15) is GRANTED in
part and DENIED in part; and this action is ADMINISTRATIVELY CLOSED to
allow petitioner to return to the Oklahoma state courts to seek relief on his
unexhausted claim. Petitioner is directed to file a notice with the court clerk within
30 days of the date of this order showing that he has initiated post-conviction
proceedings on his unexhausted claims. Additionally, petitioner must move to reopen
this case within 14 days after the Oklahoma Court of Criminal Appeals enters a final
disposition. If petitioner fails to timely comply with these requirements, this action
will be dismissed without prejudice.
DATED April 8, 2014.

13-1167p001.wpd