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Shawley v. Bear, CIV-15-1168-C. (2016)

Court: District Court, W.D. Oklahoma Number: infdco20160425976 Visitors: 8
Filed: Apr. 22, 2016
Latest Update: Apr. 22, 2016
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION ROBIN J. CAUTHRON , District Judge . This action for habeas corpus relief brought by a prisoner, proceeding pro se, was referred to United States Magistrate Judge Gary M. Purcell, consistent with the provisions of 28 U.S.C. 636(b)(1)(B). Judge Purcell entered a Report and Recommendation on March 24, 2016, to which Petitioner has timely objected. The Court therefore considers the matter de novo. The facts and law are accurately set out in the M
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ORDER ADOPTING REPORT AND RECOMMENDATION

This action for habeas corpus relief brought by a prisoner, proceeding pro se, was referred to United States Magistrate Judge Gary M. Purcell, consistent with the provisions of 28 U.S.C. § 636(b)(1)(B). Judge Purcell entered a Report and Recommendation on March 24, 2016, to which Petitioner has timely objected. The Court therefore considers the matter de novo.

The facts and law are accurately set out in the Magistrate Judge's Report and Recommendation and there is no purpose to be served in repeating them yet again. In his objection, Petitioner merely restates the conclusions and legal argument originally asserted, and there is nothing asserted by the Petitioner which was not fully considered and correctly rejected by the Magistrate Judge, and no argument of fact or law is set forth in the objection which would require a different result.

[Petitioner does not dispute the facts set out in the R&R, only argues again that equitable tolling should apply to excuse the untimeliness of his habeas petition. Petitioner merely reurges arguments adequately addressed and correctly decided by Judge Purcell.]

Accordingly, the Court adopts, in its entirety, the Report and Recommendation of the Magistrate Judge, and for the reasons announced therein, 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.

Source:  Leagle

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