Barta v. Oklahoma State of

Filing 11

ORDER ADOPTING 10 Report and Recommendation, DENYING 1 Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Signed by Honorable Stephen P. Friot on 6/22/15. (llg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA

RICHARD L. BARTA,
Petitioner,
-vsSTATE OF OKLAHOMA,
Respondent.

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Case No. CIV-15-453-F

ORDER
On May 18, 2015, United States Magistrate Judge Gary M. Purcell issued a
Supplemental Report and Recommendation, wherein he recommended that petitioner,
Richard L. Barta’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254
be denied, or alternatively, be dismissed without prejudice for failure to exhaust
available state remedies. Magistrate Judge Purcell advised petitioner of his right to
file an objection to the Supplemental Report and Recommendation by June 8, 2015
and that failure to timely object would waive appellate review of the recommended
ruling.
To date, petitioner has neither filed an objection nor sought additional time to
file an objection. With no objection being filed within the time prescribed, the court
accepts, adopts and affirms the Supplemental Report and Recommendation in its
entirety. As recommended, petitioner’s petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2254 shall be denied.
Accordingly, the Supplemental Report and Recommendation issued by United
States Magistrate Judge Gary M. Purcell (doc. no. 10) is ACCEPTED, ADOPTED

and AFFIRMED. Petitioner, Richard L. Barta’s petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254 is DENIED. Judgment shall issue forthwith.
DATED June 22, 2015.

15-0453p002.wpd

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