Whitworth v. Miller et al

Filing 16

ORDER (1) ADOPTING 15 REPORT AND RECOMMENDATION, (2) DENYING the Petition for Writ of Habeas Corpus, and (3) ORDERING that judgment in favor of respondent issue forthwith. Signed by Honorable Vicki Miles-LaGrange on 5/13/10. (njr)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA JOHNNY LEE WHITWORTH, Petitioner, vs. DAVID MILLER, Respondent. ) ) ) ) ) ) ) ) )

Case No. CIV-08-1152-M

ORDER On April 12, 2010, United States Magistrate Judge Bana Roberts issued a Report and Recommendation in this action brought pursuant to 28 U.S.C. § 2254, seeking a writ of habeas corpus. The Magistrate Judge recommended that the petition for a writ of habeas corpus be denied. Petitioner was advised of his right to object to the Report and Recommendation by May 3, 2010. A review of the file reveals no objection has been filed. Accordingly, upon de novo review, the Court: (1) (2) (3) ADOPTS the Report and Recommendation issued by the Magistrate Judge on April 12, 2010; DENIES the Petition for a Writ of Habeas Corpus, and ORDERS that judgment in favor of respondent issue forthwith.

IT IS SO ORDERED this 13th day of May, 2010.