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)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
YANCEY R.L. DOUGLAS,

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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.