Womack v. Jones et al
Filing
8
ORDER adopting Report and Recommendations re 5 Report and Recommendation. Case transferred to the U.S. District Court, Eastern District of Oklahoma. Signed by Honorable Timothy D. DeGiusti on 9/24/2012. (mb) [Transferred from okwd on 9/25/2012.]
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
BRYAN D. WOMACK,
Petitioner,
v.
JUSTIN JONES, ODOC Director,
Respondent.
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Case No. CIV-12-944-D
ORDER TRANSFERRING CASE
This matter is before the Court for review of the Report and Recommendation [Doc. No. 5]
issued by United States Magistrate Judge Robert E. Bacharach pursuant to 28 U.S.C. § 636(b)(1).
Judge Bacharach recommends a transfer pursuant to 28 U.S.C. § 2241(d), of this habeas action under
28 U.S.C. § 2254, to the United States District Court for the Eastern District of Oklahoma.
Petitioner has filed a timely response to the Report, stating he has no objection to the
proposed transfer and he agrees the case should be transferred. Thus, Petitioner has affirmatively
waived further review of the transfer issue. See Moore v. United States, 950 F.2d 656, 659 (10th
Cir. 1991) (failure to object waives review of factual and legal issues). Accordingly, the Court
adopts the Report and Recommendation [Doc. No. 5] in its entirety.
IT IS THEREFORE ORDERED that this action is transferred to the United States District
Court for the Eastern District of Oklahoma.
IT IS SO ORDERED this 24th day of September, 2012.
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