Ellis v. Oklahoma State of

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION #5 Report and Recommendation of Magistrate Judge Suzanne Mitchell. Petitioner's 2255 petition for writ of habeas corpus is dismissed without prejudice for lack of exhaustion. Signed by Judge Joe Heaton on 01/07/2025. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DARBY CRAIG ELLIS,
Petitioner,
vs.
STATE OF OKLAHOMA,
Respondent.

)
)
)
)
)
)
)
)
)

NO. CIV-24-1183-HE

ORDER
Petitioner Darby Craig Ellis, a state prisoner proceeding 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 Suzanne Mitchell for initial proceedings. On
December 12, 2024, Judge Mitchell issued a Report and Recommendation recommending
the court dismiss petitioner’s petition for writ of habeas corpus for lack of exhaustion.
Petitioner was advised of his right to object to the Report and Recommendation by January
2, 2025. Petitioner has objected to the Report triggering de novo review of matters to which
objection has been raised. In his objection, petitioner asserts that it is not necessary for
him to exhaust his state court remedies because “the Constitutional oaths are being
broken/violated” and “[a]ll laws, codes, statutes, and regulations are unconstitutional and
can only apply to employees.” Objection [Doc. #6] at 2. Upon de novo review, the court
concludes petitioner has not set forth any legally recognized basis for failing to exhaust his
state court remedies and his petition for writ of habeas corpus should be dismissed for lack
of exhaustion.

Accordingly, the Report and Recommendation [Doc. #5] is ADOPTED, and the §
2254 petition for writ of habeas corpus is DISMISSED without prejudice for lack of
exhaustion.
IT IS SO ORDERED.
Dated this 7th day of January, 2025.

2