Atwood v. El Reno Federal Correctional Institution et al

Filing 11

ORDER ADOPTING 10 Report and Recommendation, 9 GRANTING Respondent John Fox's Motion to Dismiss for Lack of Jurisdiction, DISMISSING WITHOUT PREJUDICE 1 Petitioner David Garland Atwood II's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, for lack of subject-matter jurisdiction pursuant to Rule 12(b)(1), Fed. R. Civ. P. Signed by Honorable Stephen P. Friot on 9/21/15. (llg)

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

DAVID GARLAND ATWOOD II,
Petitioner,
-vsJOHN FOX, Warden,
Respondent.

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Case No. CIV-15-318-F

ORDER
United States Magistrate Judge Charles B. Goodwin issued a Report and
Recommendation on August 17, 2015, wherein he recommended that the Motion to
Dismiss for Lack of Jurisdiction filed by respondent, John Fox, be granted.1
Magistrate Judge Goodwin advised the parties of the right to file an objection to the
Report and Recommendation by September 7, 2015 and further advised that failure
to timely object to the Report and Recommendation waives the right to appellate
review of both factual and legal issues therein contained.
To date, neither party has filed an objection to the Report and Recommendation.
With no objection being filed, the court accepts, adopts and affirms the Report and
Recommendation in its entirety.
Accordingly, the Report and Recommendation issued by United States
Magistrate Judge Charles B. Goodwin (doc. no. 10) is ACCEPTED, ADOPTED and
AFFIRMED. Respondent, John Fox’s Motion to Dismiss for Lack of Jurisdiction
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Although the motion was also filed on behalf of respondents, El Reno Federal Correctional
Institution and the United States of America, Magistrate Judge Goodwin noted that these
respondents were terminated as parties in this matter per the court’s order of April 23, 2015. Doc.
no. 5, n.1.

(doc. no. 9) is GRANTED. Petitioner, David Garland Atwood II’s petition for writ
of habeas corpus under 28 U.S.C. § 2241 is DISMISSED WITHOUT PREJUDICE
for lack of subject-matter jurisdiction pursuant to Rule 12(b)(1), Fed. R. Civ. P.
DATED September 21, 2015.

15-0318p001.wpd

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