Levering v. Dowling

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATION 23 , denying 9 petitioner's Request for Stay and Abeyance of Proceedings on Petition for Writ of Habeas Corpus, construing petitioner's amended habeas petition 20 as a motion to amend and denyin g the motion to amend, granting 14 respondent's Motion to Dismiss Petition for Habeas Corpus for Failure to Timely File Petition, and dismissing petitioner's Petition for Writ of Habeas Corpus as untimely. Signed by Honorable Vicki Miles-LaGrange on 10/24/2017. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
THOMAS CRAIG LEVERING,
Petitioner,
vs.
JANET DOWLING,
Respondent.

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Case No. CIV-16-431-M

ORDER
On August 29, 2017, 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: (1) petitioner’s motion for stay be denied; (2)
petitioner’s second petition be construed as a motion to amend and said motion to amend be denied;
and (3) respondent’s motion to dismiss be granted. The parties were advised of their right to object
to the Report and Recommendation by September 19, 2017. Upon receiving an extension of time,
petitioner filed his objection on October 16, 2017.
Having carefully reviewed this matter de novo, the Court:
(1)
(2)
(3)
(4)
(5)

ADOPTS the thorough and well-reasoned Report and Recommendation [docket no.
23] issued by the Magistrate Judge on August 29, 2017;
DENIES petitioner’s Request for Stay and Abeyance of Proceedings on Petition for
Writ of Habeas Corpus [docket no. 9];
CONSTRUES petitioner’s amended habeas petition [docket no. 20] as a motion to
amend and DENIES the motion to amend;
GRANTS respondent’s Motion to Dismiss Petition for Habeas Corpus for Failure
to Timely File Petition [docket no. 14]; and
DISMISSES petitioner’s Petition for Writ of Habeas Corpus as untimely.

IT IS SO ORDERED this 24th day of October, 2017.