Gabler v. United States of America et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATION 9 of Magistrate Judge Amanda Maxfield Green. The court dismisses the petition for writ of habeas corpus with prejudice. Signed by Judge Joe Heaton on 06/04/2024. (lam)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA PAUL EDWARD GABLER, II, Petitioner, vs. UNITED STATES OF AMERICA, et al., Respondents. ) ) ) ) ) ) ) ) ) NO. CIV-23-1085-HE ORDER Petitioner Paul Edward Gabler, II, appearing pro se, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pursuant to 28 U.S.C. § 636(b)(1)(B),(C), the matter was referred to Magistrate Judge Amanda Maxfield Green for initial proceedings. On May 6, 2024, Judge Green issued a Report and Recommendation recommending the court dismiss petitioner’s petition for writ of habeas corpus with prejudice as time-barred under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Petitioner was advised of his right to object to the Report and Recommendation, and he has filed a timely objection. Petitioner objects to the entire Report and Recommendation and asserts his petition is not in error but is based on exculpatory evidence. In his objection, however, petitioner does not address whether his petition is time-barred under the AEDPA. Having reviewed the petition for writ of habeas corpus, the Report and Recommendation, and petitioner’s objections, the court concludes petitioner’s petition is time-barred and should be dismissed with prejudice. Accordingly, the court ADOPTS the Report and Recommendation [Doc. #9] and DISMISSES the petition for writ of habeas corpus with prejudice. IT IS SO ORDERED. Dated this 4th day of June, 2024. 2

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