Lucky v. McCollum

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION 8 and dismissing the petition for a writ of habeas corpus without prejudice for failure to exhaust available state court remedies. Signed by Honorable Vicki Miles-LaGrange on 12/23/2015. (ks)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
BOBBY EUGENE LUCKY,
Petitioner,
v.
TRACY MCCULLUM, Warden,
Respondent.

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Case No. CIV-15-1033-M

ORDER
On November 4, 2015, United States Magistrate Judge Shon T. Erwin 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 the Petition for a Writ of Habeas Corpus
be dismissed without prejudice to refiling. Petitioner was advised of his right to file an objection
to the Report and Recommendation by November 23, 2015. A review of the file reveals no
objection has been filed.
Having carefully reviewed this matter de novo, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 8] issued by the
Magistrate Judge on November 4, 2015;

(2)

DISMISSES the petition for a writ of habeas corpus without prejudice for failure
to exhaust available state court remedies.

IT IS SO ORDERED this 23rd day of December, 2015.