Gruzinsky v. Oklahoma State of et al

Filing 64

ORDER ADOPTING REPORT AND RECOMMENDATION 63 , finding as moot 59 petitioner's Motion to Dismiss, and dismissing this action without prejudice for petitioner failing to file an amended complaint. Signed by Honorable Vicki Miles-LaGrange on 8/5/2016. (ks)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
RAYMOND HAROLD GRUNZINSKY,
Petitioner,
v.
ROBERT PATTON,
Respondent.

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Case No. CIV-15-387-M

ORDER
On June 17, 2016, United States Magistrate Judge Shon T. Erwin issued a Report and
Recommendation in this action brought pursuant to 28 U.S.C. § 2254. The Magistrate Judge
recommended that this action be dismissed without prejudice for petitioner failing to comply
with the Court’s orders, specifically the Court’s order to file an amended complaint. The
Magistrate Judge further recommended that petitioner’s Motion to Dismiss be denied as moot.
Petitioner was advised of his right to file an objection to the Report and Recommendation by
July 6, 2016. A review of the file reveals no objection has been filed by petitioner.
Accordingly, upon de novo review, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 63] issued by the
Magistrate Judge,

(2)

FINDS petitioner’s Motion to Dismiss [docket no. 59] is MOOT, and

(3)

DISMISSES this action without prejudice for petitioner failing to file an amended
complaint.

IT IS SO ORDERED this 5th day of August, 2016.