Burns v. Miller

Filing 7

ORDER adopting Report and Recommendations re 5 Report and Recommendation. This action is transferred to the U.S. District Court, Northern District of Oklahoma. Signed by Honorable Timothy D. DeGiusti on 9/19/2011. (mb, )[Transferred from Oklahoma Western on 9/20/2011.]

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ANDREW THOMAS BURNS, SR.,
Petitioner,
v.
DAVID C. MILLER, Warden,
Respondent.

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Case No. CIV-11-962-D

ORDER FOR TRANSFER
This matter is before the Court for review of the Report and Recommendation issued by
United States Magistrate Judge Bana Roberts pursuant to 28 U.S.C. § 636(b)(1). Judge Roberts
recommends the transfer of this habeas action pursuant to 28 U.S.C. § 2241(d), to the United States
District Court for the Northern District of Oklahoma.
Petitioner has filed a timely response stating that he does not object to the recommended
transfer. Acordingly, the Court finds that Petitioner has waived further review of the transfer issue.
See Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991); see also United States v. 2121 East
30th Street, 73 F.3d 1057, 1060 (10th Cir. 1996). Therefore, 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 Northern District of Oklahoma.
IT IS SO ORDERED this 19th day of September, 2011.