O'Bryant v. State of Oklahoma

Filing 23

ORDER ADOPTING 19 REPORT AND RECOMMENDATION. Signed by Honorable Robin J. Cauthron on 3/21/14. (lg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
VIRGIL O’BRYANT,
Petitioner,
vs.
STATE OF OKLAHOMA,
Respondent.

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No. CIV-13-1240-C

ORDER ADOPTING REPORT AND RECOMMENDATION

This action for habeas corpus relief brought by a prisoner, proceeding pro se, was
referred to United States Magistrate Judge Suzanne Mitchell, consistent with the provisions
of 28 U.S.C. § 636(b)(1)(B). Judge Mitchell entered a Report and Recommendation on
March 12, 2014, to which Petitioner has timely objected. The Court therefore considers the
matter de novo.
The facts and relevant law are set out in full in the accurate and well-reasoned opinion
of the Magistrate Judge. No point would be served in repeating that analysis. There is
nothing asserted by the Petitioner which was not fully considered and correctly rejected by
the Magistrate Judge, and no argument of fact or law is set forth in the objection which
would require a different result.
Accordingly, the Court adopts, in its entirety, the Report and Recommendation of the
Magistrate Judge (Dkt. No. 19), and for the reasons announced therein, the petition for

habeas corpus relief is dismissed. As no amendment can cure the defect, this dismissal acts
as an adjudication on the merits, and a judgment will enter. All pending motions are stricken.
IT IS SO ORDERED this 21st day of March, 2014.

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