Dease v. Taylor

Filing 13

ORDER ADOPTING 10 REPORT AND RECOMMENDATION; mailed to William Henry Dease #770834 LEXINGTON-LARC-260 P O Box 260 Lexington, OK 73051. Signed by Honorable Robin J. Cauthron on 8/29/17. (lg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA WILLIAM HENRY DEASE, Petitioner, vs. MICHAEL TAYLOR, Respondent. ) ) ) ) ) ) ) ) ) No. CIV-17-738-C ORDER ADOPTING REPORT AND RECOMMENDATION Petitioner filed the present action pursuant to 28 U.S.C. § 2254 challenging the constitutionality of his state court convictions. Pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B), the matter was referred to United States Magistrate Judge Shon T. Erwin who entered a Report and Recommendation (“R&R”) on August 16, 2017, recommending the Petition be denied. Petitioner has timely objected. The substantive facts and law are accurately set out in Judge Erwin’s R&R and there is no purpose to be served in repeating them yet again. As Judge Erwin noted, Petitioner has failed to offer any more than conclusory allegations of a constitutional violation. Accordingly, habeas relief is not warranted. Nothing in Petitioner’s Objection, which appears to raise issues not asserted in his Petition, offers any basis for a different determination. As set forth more fully herein, the Court adopts, in full, the Report and Recommendation of the Magistrate Judge (Dkt. No. 10). This matter is DISMISSED without prejudice. A separate judgment will issue. IT IS SO ORDERED this 29th day of August, 2017. 2

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