Decker v. Braggs

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Honorable Robin J. Cauthron on 9/11/18. (wh)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ANTHONY C. DECKER,
Petitioner,
vs.
JEORLD BRAGGS, JR., WARDEN,
Respondent.

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No. CIV-18-443-C

ORDER ADOPTING REPORT AND RECOMMENDATION
This action for habeas corpus relief brought by a prisoner through his attorney, was
referred to United States Magistrate Judge Suzanne Mitchell, consistent with the provisions
of 28 U.S.C. § 636(b)(1)(B). Judge Mitchell entered a Report and Recommendation on
August 21, 2018, to which Petitioner has timely objected. The Court therefore considers
the matter de novo.
The facts and law are accurately set out in Judge Mitchell’s Report and
Recommendation and there is no purpose to be served in repeating them yet again. In the
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 (Dkt. No. 12), and for the reasons announced therein, the petition for

habeas corpus relief is dismissed, as untimely. As no amendment can cure the defect, this
dismissal acts as an adjudication on the merits, and a judgment will enter.
IT IS SO ORDERED this 11th day of September, 2018.