Smith v. State of Oklahoma

Filing 7

ORDER ADOPTING 5 REPORT AND RECOMMENDATION; mailed to Nicois M Smith 201 N. Shartel Oklahoma City, OK 73102. Signed by Honorable Robin J. Cauthron on 1/12/17. (lg)

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

NICOIS M. SMITH,
Petitioner,
vs.
STATE OF OKLAHOMA,
Respondent.

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No. CIV-16-1363-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 Suzanne Mitchell consistent with the provisions
of 28 U.S.C. § 636(b)(1)(B). Judge Mitchell entered a Report and Recommendation on
December 5, 2016. Petitioner has filed a “Motion of Discovery” (Dkt. No. 6) which the
Court will treat as an objection to the Report and Recommendation, and the matter will be
considered de novo.
In the “Motion of Discovery,” Petitioner merely alleges additional wrongs and raises
no issue of fact or law to contradict the Magistrate Judge’s findings, which this Court finds
are entirely correct.

Accordingly, the Court adopts, in its entirety, the Report and Recommendation of the
Magistrate Judge, and for the reasons announced therein, this petition for habeas corpus relief
is dismissed. A judgment will enter.
IT IS SO ORDERED this 12th day of January, 2017.

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