Douglas v. Hamilton

Filing 11

ORDER DECLINES TO 8 ADOPTING REPORT AND RECOMMENDATION; ORDER REFERRING CASE to Magistrate Judge Suzanne Mitchell; mailed copy to Yancey R L Douglas #207543 VINITA-NOCC 442606 E 250 Rd Vinita, OK 74301.. Signed by Honorable Robin J. Cauthron on 2/15/17. (lg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA YANCEY R.L. DOUGLAS, ) ) ) ) ) ) ) ) Petitioner, vs. CASEY HAMILTON, Warden Respondent. Case Number CIV-16-1454-C ORDER On January 9, 2017, United States Magistrate Suzanne Mitchell issued her Report and Recommendation (R&R) in this action in which Petitioner pursues a 28 U.S.C. § 2254 claim. Judge Mitchell recommended that Petitioner’s claim be dismissed for failure to timely pay the filing fee. On January 13, 2017, after the R&R was issued, Petitioner submitted $5.00 to the Court Clerk. Plaintiff has also filed a document which will be construed as an Objection to the R&R noting that he has made the required payment. Upon de novo review, the Court GRANTS Petitioner’s objection and DECLINES to adopt the Report and Recommendation issued by the Magistrate Judge on January 9, 2017. This matter is remanded to the Magistrate Judge for further proceedings as outlined in the Court’s December 21, 2016, Order. IT IS SO ORDERED this 15th day of February, 2017.

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