Klein v. Dowling
Filing
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ORDER ADOPTING 5 Report and Recommendation. 1 Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 is DISMISSED on filing w/prejudice as untimely & as an abuse of the writ. Signed by Honorable Stephen P. Friot on 7/3/13. (llg)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
QUINN AARON KLEIN,
Petitioner,
-vsJANET DOWLING, Warden,
Respondent.
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Case No. CIV-13-545-F
ORDER
On May 29, 2013, United States Magistrate Judge Gary M. Purcell issued a
Report and Recommendation, wherein he recommended that petitioner, Quinn Aaron
Klein’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 be dismissed
on filing with prejudice as untimely and as an abuse of the writ. Magistrate Judge
Purcell therein advised petitioner of his right to file an objection to the Report and
Recommendation by June 18, 2013 and specifically advised petitioner that failure to
make timely objection to the Report and Recommendation waived his right to
appellate review.
To date, petitioner has not filed an objection to the Report and Recommendation
and has not sought an extension of time to file an objection. With no objection being
filed by petitioner, the court accepts, adopts and affirms the Report and
Recommendation in its entirety.
Accordingly, the Report and Recommendation of United States Magistrate
Judge Gary M. Purcell issued on May 29, 2013 (doc. no. 5) is ACCEPTED,
ADOPTED and AFFIRMED. Petitioner, Quinn Aaron Klein’s petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241 is DISMISSED on filing with prejudice
as untimely and as an abuse of the writ.
DATED this 3rd day of July, 2013.
13-0545p001.wpd
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