Cathey v. Oklahoma Department of Corrections et al

Filing 6

ORDER ADOPTING 5 Report and Recommendation. The Petition is DISMISSED without prejudice to a future filing. Signed by Honorable Timothy D. DeGiusti on 11/26/14. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
WILLIAM REEVES CATHEY,
Petitioner,
v.
OKLAHOMA DEPARTMENT OF
CORRECTIONS, et al.,
Respondents

)
)
)
)
)
)
)
)
)
)

Case No. CIV-14-1036-D

ORDER
This matter is before the Court for review of the Report and Recommendation issued
October 30, 2014, by United States Magistrate Judge Gary M. Purcell pursuant to 28 U.S.C.
§ 636(b)(1)(B). Upon initial screening, Judge Purcell recommends that the Petition for Writ
of Habeas Corpus be dismissed without prejudice for failure to comply with a prior order to
cure deficiencies, including either paying the $5.00 filing fee or submitting an application
for leave to proceed in forma pauperis and filing a petition on the proper form for relief
under 28 U.S.C. § 2241.
The case file shows no timely objection to the Report nor request for additional time
to object, even though Petitioner was expressly informed of his right to object, the procedure
for doing so, and the consequences of failing to object. Therefore, the Court finds that
Petitioner has waived further review of all issues addressed in the Report. See Moore v.
United States, 950 F.2d 656, 659 (10th Cir. 1991); see also United States v. 2121 East 30th
Street, 73 F.3d 1057, 1060 (10th Cir. 1996). Further, Petitioner has not complied with the

Order to Petitioner to Cure Deficiency issued by Judge Purcell on September 30, 2014. For
these reasons, and the reasons explained by Judge Purcell, the Court finds that the Petition
should be dismissed without prejudice to refiling.
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 5]
is ADOPTED. The Petition is DISMISSED without prejudice to a future filing. A separate
judgment of dismissal shall be entered.
IT IS SO ORDERED this 26th day of November, 2014.

2