Vaughn v. Bolt

Filing 49

ORDER ADOPTING REPORT AND RECOMMENDATION for 45 Report and Recommendation, granting 37 Motion to Dismiss ; denying 44 Motion for Hearing filed by Greg Vaughn. Signed by Honorable Robin J. Cauthron on 9/11/18. Copy of Order mailed to: Greg Vaughn #648448 705 Charles Court Marlow, OK 73055 (wh)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
GREG VAUGHN,
Petitioner,
vs.
JEFF WOODY,
Respondent.

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No. CIV-17-269-C

ORDER ADOPTING REPORT AND RECOMMENDATION
This civil rights action brought by a prisoner, proceeding pro se, was referred to
United States Magistrate Judge Shon T. Erwin, consistent with the provisions of 28 U.S.C.
§ 636(b)(1)(B). Judge Erwin entered a Report and Recommendation on July 17, 2018,
recommending Respondent’s Motion to Dismiss be granted, to which Petitioner has timely
objected. The Court therefore considers the matter de novo.
The facts and law are accurately set out in Judge Erwin’s Report and
Recommendation and there is no purpose to be served in repeating them yet again. In his
objection, Petitioner merely restates the conclusions and legal arguments originally
asserted, and raises no issue 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, and for the reasons announced therein, Respondent’s Motion to
Dismiss (Dkt. No. 37) is GRANTED. Petitioner’s request for an evidentiary hearing is

DENIED.

The request for habeas corpus is DENIED.

accordingly.
IT IS SO ORDERED this 11th day of September, 2018.

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A judgment will enter