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)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
WILLIAM HENRY DEASE,
Petitioner,
vs.
MICHAEL TAYLOR,
Respondent.

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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.

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