Hall v. Wilkinson et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION 14 , denying 11 respondent's Motion to Dismiss for Failure to Exhaust State Court Remedies and recommitting this matter to the Magistrate Judge for further proceedings (as more fully set out). Signed by Honorable Vicki Miles-LaGrange on 3/31/2016. (ks)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
RANDY LAMAR HALL,
Petitioner,
v.
JOE E. ALLBAUGH, Interim Director,
Respondent.

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Case No. CIV-15-203-M

ORDER
On February 18, 2016, United States Magistrate Judge Charles B. Goodwin 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 for
Failure to Exhaust State-Court Remedies be denied, petitioner’s unexhausted claims within his
petition, Grounds 4, 5, 6, and Habeas Ground 7, be deleted for failure to exhaust, and that
respondent should file an answer, motion, or other response to petitioner’s remaining habeas
claims (Grounds 1, 2, 3, and Oklahoma Court of Criminal Appeals (“OCCA”) Ground 7). The
parties were advised of their right to file an objection to the Report and Recommendation by
March 3, 2016. Petitioner filed his objections on March 3, 2016 1, and respondent filed his
response to petitioner’s objections on March 21, 2016 2.
Having carefully reviewed this matter de novo, the Court:
1. ADOPTS the Report and Recommendation [docket no. 14] issued on
February 18, 2016;

1

Along with his objections, petitioner filed his Application for Post-Conviction Relief in
state-court and affidavits of Aletha Hall and Aaron D. Johnson.
2

Respondent was granted leave to respond to petitioner’s objections on or before March
21, 2016.

2. DENIES respondent’s Motion to Dismiss for Failure to Exhaust State Court
Remedies [docket no. 11];
3. GRANTS petitioner’s request to delete his unexhausted habeas claims,
Grounds 4, 5, 6, and Habeas Ground 7;
4. ORDERS respondent to respond to petitioner’s remaining habeas claims
Grounds 1, 2, 3, and OCCA Ground 7 on or before April 20, 2016; and
5. RECOMMITS this matter to the Magistrate Judge for further proceedings.
IT IS SO ORDERED this 31st day of March, 2016.