Stapp v. Howard et al
Filing
14
ORDER granting 10 Motion to Dismiss; adopting Report and Recommendations re 13 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 8/6/2014. (mb)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
KELLY GENE STAPP
Petitioner,
v.
BRUCE HOWARD, Warden;
ATTORNEY GENERAL OF THE
STATE OF OKLAHOMA,
Respondents.
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Case No. CIV-14-420-D
ORDER
Petitioner, a state prisoner appearing pro se, seeks a writ of habeas corpus pursuant to 28
U.S.C. § 2254. In accordance with 28 U.S.C. § 636(b)(1)(B) and (C), the matter was referred to
United States Magistrate Judge Suzanne Mitchell for initial proceedings. In a Report and
Recommendation [Doc. No. 13] issued on July 14, 2014, the Magistrate Judge recommended
dismissal of the habeas petition as barred by the applicable statute of limitations, 28 U.S.C.
§ 2244(d)(1).
The Magistrate Judge specifically advised Petitioner of his right to object to the findings and
recommendations set forth therein. She further advised Petitioner that his failure to timely object
would constitute a waiver of his right to appellate review of the factual and legal matters in the
Report and Recommendation. Petitioner’s deadline for filing objections was August 3, 2014. To
date, Petitioner has not filed an objection to the Report and Recommendation or sought an extension
of time in which to do so. Accordingly, the Court adopts the Report and Recommendation in its
entirety.
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 13] is
ADOPTED in its entirety and the petition for writ of habeas corpus [Doc. No. 1] is DISMISSED
WITH PREJUDICE as barred by the statute of limitations. A separate judgment shall be entered in
this matter.
IT IS SO ORDERED this 6th day of August, 2014.
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