Polin v. Patton et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION 11 Report and Recommendation and dismissing this action with prejudice as untimely. Signed by Honorable Vicki Miles-LaGrange on 6/4/2015. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
MARTRELL DESHON POLIN,
Petitioner,
vs.
ROBERT C. PATTON, Director,
Respondent.

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Case No. CIV-15-204-M

ORDER
On May 14, 2015, United States Magistrate Judge Suzanne Mitchell 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
petitioner’s action be dismissed with prejudice as untimely. The parties were advised of their right
to object to the Report and Recommendation by June 3, 2015. On June 1, 2015, petitioner filed his
objection. In his objection, petitioner does not contend that his petition is timely but asks this Court
to allow equitable tolling. Petitioner, however, has not set forth a sufficient basis to warrant
equitable tolling.
Accordingly, upon de novo review, the Court:
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ADOPTS the Report and Recommendation [docket no. 10] issued by the Magistrate
Judge on May 14, 2015;
GRANTS respondent’s motion to dismiss [docket no. 9]; and
DISMISSES this action with prejudice as untimely.

IT IS SO ORDERED this 4th day of June, 2015.