Elledge v. Lightle

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION 15 , granting 11 respondent's Motion to Dismiss, and dismissing the Petition for Writ of Habeas Corpus without prejudice. Signed by Honorable Vicki Miles-LaGrange on 8/26/2016. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JERRY WAYNE ELLEDGE JR.,
Petitioner,
vs.
JERRY CHRISMAN, Warden,
Respondent.

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Case No. CIV-15-708-M

ORDER
On July 28, 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 be granted and the
petition for writ of habeas corpus be dismissed without prejudice. The parties were advised of their
right to object to the Report and Recommendation by August 18, 2016. A review of the file reveals
no objection has been filed.
Upon de novo review, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 15] issued by the Magistrate
Judge on July 28, 2016;

(2)

GRANTS respondent’s Motion to Dismiss [docket no. 11], and

(3)

DISMISSES the Petition for Writ of Habeas Corpus without prejudice.

IT IS SO ORDERED this 26th day of August, 2016.