Daniels v. Oklahoma County of et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION 15 , granting 10 respondent's Motion to Dismiss, and dismissing the Petition for a Writ of Habeas Corpus without prejudice for lack of exhaustion. Signed by Honorable Vicki Miles-LaGrange on 11/6/2014. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DONTAE S. DANIELS,
Petitioner,
vs.
JOHN WHETSEL, Sheriff,
Respondent.

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Case No. CIV-14-742-M

ORDER
On October 7, 2014, United States Magistrate Judge Gary M. Purcell 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 respondent’s Motion to Dismiss be granted and
the Petition for a Writ of Habeas Corpus be dismissed without prejudice for lack of exhaustion. The
parties were advised of their right to object to the Report and Recommendation by October 27, 2014.
A review of the file reveals no objection has been filed.
Upon de novo review, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 15] issued by the Magistrate
Judge on October 7, 2014;

(2)

GRANTS respondent’s Motion to Dismiss [docket no. 10], and

(3)

DISMISSES the Petition for a Writ of Habeas Corpus without prejudice for lack of
exhaustion.

IT IS SO ORDERED this 6th day of November, 2014.