Blankenship v. Yates

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION 9 and dismissing the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 without prejudice due to petitioner's failure to exhaust available administrative remedies. Signed by Honorable Vicki Miles-LaGrange on 10/27/2017. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
MATTHEW DALE BLANKENSHIP,
Petitioner,
vs.
JOE M. ALLBAUGH, Director,
Respondent.

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Case No. CIV-17-786-M

ORDER
On September 28, 2017, United States Magistrate Judge Gary M. Purcell issued a Report
and Recommendation in this action brought pursuant to 28 U.S.C. § 2241, seeking a writ of habeas
corpus. The Magistrate Judge recommended that the Petition for a Writ of Habeas Corpus pursuant
to 28 U.S.C. § 2241 be dismissed without prejudice due to petitioner’s failure to exhaust available
administrative remedies. The parties were advised of their right to object to the Report and
Recommendation by October 18, 2017. A review of the file reveals no objection has been filed.
Accordingly, upon de novo review, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 9] issued by the Magistrate
Judge on September 28, 2017, and

(2)

DISMISSES the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241
without prejudice due to petitioner’s failure to exhaust available administrative
remedies.

IT IS SO ORDERED this 27th day of October, 2017.