Lowery v. Attorney General of the State of Oklahoma

Filing 5

ORDER ADOPTING 4 Report and Recommendation, DISMISSING WITHOUT PREJUDICE 1 Petition for Writ of Habeas Corpus. Signed by Honorable Stephen P. Friot on 10/7/09. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA BRIAN THOMAS LOWERY, Petitioner, -vsTHE ATTORNEY GENERAL OF THE STATE OF OKLAHOMA, Respondent. ) ) ) ) ) ) ) ) ) ) ORDER Before the court is the Report and Recommendation of United States Magistrate Judge Gary M. Purcell issued on September 3, 2009. In the Report and Recommendation, Magistrate Judge Purcell recommends that petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed without prejudice to refiling in the appropriate judicial district. Although Magistrate Purcell advised petitioner of his right to file an objection to the Report and Recommendation on or before September 23, 2009 and further advised petitioner of the consequences of the failure to timely object to the Report and Recommendation, petitioner has not filed an objection. In addition, petitioner has not filed a request for an extension of time to file an objection. With no objection to the Report and Recommendation being filed, the court finds that the same should be accepted, adopted and affirmed. Accordingly, the Report and Recommendation issued by United States Magistrate Judge Gary M. Purcell on September 3, 2009 (doc. no. 4) is ACCEPTED, ADOPTED and AFFIRMED. Petitioner's Petition Under 28 U.S.C. § 2254 for Writ

Case No. CIV-09-954-F

of Habeas Corpus by a Person in State Custody is DISMISSED WITHOUT PREJUDICE to refiling in the appropriate judicial district. DATED October 7, 2009.

09-0954p002.wpd

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