Cox v. Oklahoma State of

Filing 22

ORDER ADOPTING 19 Report and Recommendation, GRANTING 17 Respondent's Motion to Dismiss, DISMISSING AS MOOT 1 Petitioner's Petition for a Writ of Habeas Corpus. Signed by Honorable Stephen P. Friot on 11/2/15. (llg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
JOSEPH COX, JR.,
Plaintiff,
-vsTHE STATE OF OKLAHOMA,
Defendant.

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Case No. CIV-15-862-F

ORDER
Petitioner, appearing pro se, filed a petition for a writ of habeas corpus seeking
to have prison officials “remove CRF-10-51” from his record, doc. no. 1, and then
filed an application for writ of habeas corpus complaining about his medical
treatment, doc. no. 8.
United States Magistrate Judge Suzanne Mitchell issued a Report and
Recommendation on August 17, 2015, recommending that petitioner’s application for
writ of habeas corpus, doc. no. 8, be dismissed.

Magistrate Judge Mitchell

recommended the court to instruct petitioner that if he wishes to pursue medical
treatment claims, he must file a separate 42 U.S.C. § 1983 complaint. Upon objection
by petitioner, the court conducted a de novo review of the matter and entered an order
on August 31, 2015 (doc. no. 15), accepting, adopting and affirming the Report and
Recommendation. In its order, the court instructed petitioner to file a separate 42
U.S.C. § 1983 complaint if he wished to pursue his medical treatment claims.
Subsequently, on September 19, 2015, Magistrate Judge issued a Report and
Recommendation, recommendation that the petition for a writ of habeas corpus
seeking to have the prison official “remove CRF-10-51” from his record, doc. no. 1,
be dismissed as moot.

Presently before the court is the objection of petitioner to the Report and
Recommendation. Pursuant to 28 U.S.C. § 636(b)(1), the court has conducted a de
novo review of the matter and concurs with the analysis of Magistrate Judge Mitchell.
The court finds it unnecessary to repeat that analysis here.
The court notes that petitioner’s objection addresses claims not adequately or
properly raised before Magistrate Judge Mitchell or claims previously dismissed by
this court. The court declines to address such matters.
Accordingly, the Report and Recommendation of United States Magistrate
Judge Suzanne Mitchell issued on October 15, 2015 (doc. no. 20) is ACCEPTED,
ADOPTED and AFFIRMED. Respondent’s Motion to Dismiss (doc. no. 17) is
GRANTED. Petitioner’s petitioner for a writ of habeas corpus (doc. no. 1) is
DISMISSED as MOOT.
DATED November 2, 2015.

15-0862p002.wpd

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