Toles v. Higgins et al

Filing 18

ORDER adopting Report and Recommendations re 17 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 3/10/2016. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JOHNNIE R. TOLES,
Petitioner,
v.
HASKELL HIGGINS,
Respondent.

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Case No. CIV-13-273-D

ORDER
Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C.
§ 2254, which challenged his conviction for first degree manslaughter. The matter
was referred to United States Magistrate Judge Bernard M. Jones for initial
proceedings in accordance with 28 U.S.C. § 636(b)(1)(B). On February 12, 2016, the
Magistrate Judge filed his Report and Recommendation [Doc. No. 17], in which he
recommended that the Court deny the Petition. In his Report and Recommendation,
the Magistrate Judge advised the parties of the right to file objections to the same and
directed the parties to file any objections no later than March 4, 2016. The Magistrate
Judge further admonished the parties that failure to timely object would constitute a
waiver of the right to appellate review of the factual and legal issues addressed in the
Report and Recommendation.

The deadline for filing objections has expired and to date, neither party has filed
objections or sought an extension of time in which to do so. Accordingly, the Report
and Recommendation [Doc. No. 17] is ADOPTED as though fully set forth herein.
IT IS THEREFORE ORDERED that the Petition for Writ of Habeas Corpus
[Doc. No. 1] is DENIED. Judgment shall be entered accordingly.
IT IS SO ORDERED this 10th day of March, 2016.

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