Kennedy v. Addison

Filing 15

ORDER ADOPTING and AMENDING 11 Report and Recommendation; DENYING 13 Objections to Report and Recommendation filed by Loyd Kennedy; summarily DISMISSING this action without prejudice for failure to exhaust available state court remedies; STRIKING as moot 7 Motion for injunctive relief filed by Loyd Kennedy; STRIKING as moot 14 Petition for mandamus relief filed by Loyd Kennedy. Signed by Honorable Stephen P. Friot on 10/28/14. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
LOYD KENNEDY,
Petitioner,
vs.
WARDEN MIKE ADDISON,
Respondent.

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ORDER

Petitioner Loyd Kennedy, a state prisoner appearing pro se whose pleadings are
liberally construed, brings this action under 28 U.S.C. § 2241. Amended Petition, doc.
no. 8. On October 9, 2014, Magistrate Judge Shon T. Erwin entered a Report and
Recommendation (the Report), doc. no. 11, recommending summary dismissal of the
petition without prejudice, for failure to exhaust available state court remedies.
Petitioner objected to the Report, contending that he has exhausted state court
remedies. Doc. no. 13. Petitioner also filed a “Motion for Injunctive Order to Compel
State to Comply with and Enforce its Own Court Rules, Statutes, Constitution and U.S.
Supreme Court Opinions, and Constitution, etc.” Doc. no. 7 (motion for injunctive
relief). Petitioner has also filed a “Petition for a Writ of Mandamus to Compel State
to Immediately Comply with and Enforce its Own Court Rules, Statutes and
Constitution.” Doc. no. 14.
As required by 28 U.S.C. §636(b)(1), the court has reviewed all objected to
matters de novo. Having concluded that review, and after careful consideration of
plaintiff’s objections, the motion for injunctive relief, the motion for mandamus relief,
the record, and the status of plaintiff’s petition for habeas relief which remains pending
as of the date of this order in the District Court for Cleveland County, Oklahoma, as

Case No. WH-2014-3, the court finds that it agrees with the Report and
Recommendation of the Magistrate Judge and that no purpose would be served by
stating any further analysis here.
Accordingly, plaintiff’s objections to the Report and Recommendation of
Magistrate Judge Erwin are DENIED and the Report and Recommendation is
ACCEPTED and AFFIRMED. The Report is ADOPTED as AMENDED; the
amendments correct minor typographical errors.1

This action is summarily

DISMISSED without prejudice for failure to exhaust available state court remedies.
As this case is now closed, the motion for injunctive relief at doc. no. 7, and the
petition for mandamus relief at doc. no. 14, are STRICKEN as moot.
Dated this 28th day of October, 2014.

14-0925p002.wpd

1

The Report’s reference mid-way p. 3 to the date of an Oklahoma Supreme Court Order, is
corrected to the date of July 15, 2014. The Report’s reference near the end of p. 5 to Case No. HC2014 is corrected to refer to Case No. WH-2014-3 pending in Cleveland County.

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