Campbell v. Stell

Filing 19

ORDER ADOPTING 16 REPORT AND RECOMMENDATION; mailed copy to Dean Michael Campbell, #16602, SHAWNEE-PCPSC, 14209 Hwy 177, Shawnee, OK 74804 . Signed by Honorable Robin J. Cauthron on 7/30/15. (lg)

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

DEAN MICHAEL CAMPBELL,
Petitioner,
vs.
SID STELL, Director,
Pottawatomie County Public
Safety Center,
Respondent.

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No. CIV-15-548-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 Suzanne Mitchell, consistent with the provisions
of 28 U.S.C. § 636(b)(1)(B). Judge Mitchell entered a Report and Recommendation on July
20, 2015, recommending summary dismissal, without prejudice, for failure to exhaust
available state remedies. Petitioner has timely objected. The Court therefore considers the
matter de novo.
In his Objection, Petitioner complains that he has no way of knowing what his
available state remedies are, or how to exhaust them, because the county jail where he is
detained has no law library. As Judge Mitchell notes, however, this does not present special
circumstances excusing exhaustion. There is simply no argument to be made on the facts and
law presently existing which would permit Petitioner to proceed with this habeas claim.

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, without prejudice, for failure to exhaust available state remedies. A judgment
of dismissal will enter. All pending motions are denied as moot.
IT IS SO ORDERED this 30th day of July, 2015.

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