Hyatt v. Rudek et al

Filing 15

ORDER ADOPTING 14 Report and Recommendation. 6 Amended Petition for Writ of Habeas Corpus is DENIED as to the claims raised in ground five of the petition, on grounds of procedural default; & consideration of the merits of grounds one through fou r is deferred pndg supplementation of the record & supplemental briefing to be called for by the Magistrate Judge. This action remains referred to the Magistrate Judge for purposes consistent with this order & the court's original referral order. Signed by Honorable Stephen P. Friot on 8/3/11. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
TYWAN HYATT,

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Petitioner,
vs.
JAMES RUDEK, Warden,
Respondent.

Case No. CIV-10-1396-F

ORDER
Petitioner, appearing pro se, has filed a petition for habeas relief under 28
U.S.C. § 2254, challenging his state court conviction on various federal constitutional
grounds. On June 28, 2011, Magistrate Judge Valerie K. Couch filed a Report and
Recommendation (the Report), recommending that the Amended Petition for Writ of
Habeas Corpus (doc. no. 6) be denied as to the claims raised in ground five, on
grounds of procedural default. The Report also recommended that consideration of
the merits of the claims raised in grounds one through four of the petition be deferred,
pending supplementation of the record and further briefing. (Report, doc. no. 14.)
The Report advised the parties of their right to object and that failure to make timely
objection to the Report waives the right to appellate review of both factual and legal
issues contained in the Report. Neither party has filed an objection or asked for an
extension of time within which to object.
With no objection having been filed, after review, the court hereby ADOPTS,
ACCEPTS and AFFIRMS the Report of the Magistrate Judge. Accordingly, the
Amended Petition for Writ of Habeas Corpus (doc no. 6) is DENIED as to the claims
raised in ground five of the petition, on grounds of procedural default; and
consideration of the merits of grounds one through four is deferred pending

supplementation of the record and supplemental briefing to be called for by the
Magistrate Judge.
This action remains referred to the Magistrate Judge for purposes consistent
with this order and the court’s original referral order.
Dated this 3rd day of August, 2011.

10-1396p002.wpd

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