De La Cruz v. Fox

Filing 27

ORDER ADOPTING 23 REPORT AND RECOMMENDATION; dismissed w/o prejudice; mailed to Luis De La Cruz #23601-038 Federal Medical Center-Devens PO Box 879 Unit G-B Ayer, MA 01432. Signed by Honorable Robin J. Cauthron on 1/31/17. (lg)

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

LUIS DE LA CRUZ,
Petitioner,
vs.
JOHN B. FOX, Warden,
Respondent.

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No. CIV-16-304-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 Charles B. Goodwin, consistent with the
provisions of 28 U.S.C. § 636(b)(1)(B).

Judge Goodwin entered a Report and

Recommendation on December 22, 2016, to which Petitioner has timely objected. The Court
therefore considers the matter de novo.
The facts and law are accurately set out in the Magistrate Judge’s Report and
Recommendation and there is no purpose to be served in repeating them yet again. In his
objection, Petitioner raises no issue of fact or law not fully and accurately addressed and
rejected by the Magistrate Judge.
Accordingly, the Court adopts, in its entirety, the Report and Recommendation of the
Magistrate Judge (Dkt. No. 23), and for the reasons announced therein, this Petition for Writ

of Habeas Corpus, the Amended Petition for Writ of Habeas Corpus are dismissed without
prejudice. Any pending motion is stricken as moot.
IT IS SO ORDERED this 31st day of January, 2017.

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