Howard v. Dowling et al

Filing 7

ORDER adopting Report and Recommendations re 5 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 2/9/2015. (mb) [Transferred from okwd on 2/9/2015.]

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA JEFFREY N. HOWARD, Petitioner, v. JANET DOWLING, Warden, et al., Respondents. ) ) ) ) ) ) ) ) ) Case No. CIV-15-38-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 Gary M. Purcell pursuant to 28 U.S.C. § 636(b)(1). Judge Purcell 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 made no timely response to the Report and, thus, has 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 9th day of February, 2015.

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