White v. Miller

Filing 18

ORDER ADOPTING 14 REPORT AND RECOMMENDATION. Signed by Honorable Robin J. Cauthron on 8/14/15. (lg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA

KEENAN DEON WHITE,
Petitioner,
vs.
ROBERT PATTON, Director,
Respondent.

)
)
)
)
)
)
)
)
)

No. CIV-15-170-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 Gary M. Purcell, consistent with the provisions
of 28 U.S.C. § 636(b)(1)(B). Judge Purcell entered a Report and Recommendation on June
22, 2015, to which Petitioner has timely objected. The Court therefore considers the matter
de novo.
In his Objection, Petitioner merely reargues the merits of his claim of ineffective
assistance of appellate counsel; he never even addresses the issue of timeliness. The Court
finds the factual and legal conclusions recommended by the Magistrate Judge are in all
respects correct.

Accordingly, the Court adopts, in its entirety, the Report and Recommendation of the
Magistrate Judge, and for the reasons announced therein, this petition for habeas corpus relief
is dismissed as untimely. As no amendment can cure the defect, this dismissal acts as an
adjudication on the merits, and a judgment will enter.
IT IS SO ORDERED this 14th day of August, 2015.

2