Farris v. Patton

Filing 43

ORDER re 36 Order Adopting Report and Recommendation, 37 Judgment. Petitioner filed an Objection to the Order and Judgment (Doc. No. 38) entered by the Court on November 14, 2016. The Court construes the filingas a timely motion for reconsideration. The Court hereby declines Petitioners request for reconsideration. Signed by Honorable David L. Russell on 1/4/17. (jw)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
TYRONE LESLIE FARRIS,
Petitioner,
v.
JOE ALLBAUGH, DIRECTOR
OF THE DEPARTMENT OF
CORRECTIONS,
Respondent.

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Case No. CIV-15-1116-R

ORDER
On November 29, 2016, Petitioner filed an Objection to the Order and Judgment
(Doc. No. 38) entered by the Court on November 14, 2016. The Court construes the filing
as a timely motion for reconsideration. Petitioner had objected to the Report and
Recommendation in part because it was a hybrid decision. The Court has reviewed the
Objection and given it liberal construction pursuant to Haines v. Kerner. 404 U.S. 519, 520
(1972). The Court finds, however, no basis therein for disturbing its prior determination.
The Court did not adopt the “hybrid” or mixed recommendation about which Petitioner
complains. Rather, the undersigned concluded, based on recent authority of the Tenth
Circuit, that Mr. Farris’ claim regarding good conduct credits under OP060211(II)(E)(5)(C) failed to state a claim. The Court hereby declines Petitioner’s request
for reconsideration.
IT IS SO ORDERED this 4th day of January, 2017.