Berry v. Whitten

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA JOE W. BERRY, ) ) Petitioner, ) ) v. ) Case No. CIV-20-132-D ) RICK WHITTEN, ) ) Respondent. ) ORDER This matter is before the Court for review of the Report and Recommendation [Doc. No. 6] issued by United States Magistrate Judge Shon T. Erwin pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). Upon preliminary review of the Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2254, Judge Erwin found that the Petition should be summarily dismissed as untimely because the claim is based on Graham v. Florida,

560 U.S. 48

(2010),…