Suttle v. Fox

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION 7 of Magistrate Judge Shon Erwin and dismisses this action. Signed by Honorable Joe Heaton on 12/10/2013. (lam) (Main Document 8 replaced on 12/10/2013) (lam).

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DAVID LEON SUTTLE,
Petitioner,
v.
JOHN B. FOX, Warden,
Respondent.

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NO. CIV-13-1099-HE

ORDER
Petitioner David Leon Suttle, a federal prisoner appearing pro se, filed this action
seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Consistent with 28 U.S.C.
§ 636(b)(1)(B), the case was referred to Magistrate Judge Shon T. Erwin, who recommends
that the action be dismissed on filing. Objections to the magistrate judge’s Report and
Recommendation were due by December 2, 2013.
Petitioner, having failed to object to the Report and Recommendation, waived his
right to appellate review of the factual and legal issues it addressed. United States v. 2121
E. 30th St., 73 F.3d 1057, 1059 (10th Cir. 1996); see also 28 U.S.C. § 636(b)(1)(C) (“A
judge of the court shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” (emphasis
added)).

Accordingly, the court ADOPTS Magistrate Judge Erwin’s Report and

Recommendation [Doc. #7], and the action is DISMISSED.

IT IS SO ORDERED.
Dated this 10th day of December, 2013.

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