Vater v. Attorney General of the State of Nebraska

Filing 16

ORDER ADOPTING 15 REPORT AND RECOMMENDATION to the extent that it suggests the dismissal of the Petition; dismisses without prejudice 6 Vater's Petition. Signed by Honorable Lee R. West on 12/23/2015. (jb)

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

JEREMY LYNN VATER,
Petitioner,

)
vs.

)

No. CIV-15-874-W

ATTORNEY GENERAL OF THE

STATE OF NEBRASKA,

Respondent.
ORDER

On November 17, 2015, United States Magistrate Judge Shon T. Erw'm issued a

Report and Recommendation in this matter and recommended that the Petition for Writ of
Habeas Corpus ("Petition") as filed and amended by petitioner Jeremy Lynn Vater be
dismissed. Although Vater was advised of his right to object, see Doc. 15 at 3, and of the

consequences of his failureto do so, no 9bjections have been filed within the allotted time.
In his Petition file-stamped August 12, 2015, Vater stated he had been convicted
in state court in Nebraska, see Doc. 1 at 1, and the record reflected he was then

incarcerated in Altus, Oklahoma. See Doc. 1-2. In a letter dated August 19, 2015, Vater

advised that he was currently in Jackson County Jail in the custody of the Oklahoma
Department of Corrections, see Doc. 6-2, having been sentenced to a term of five (5)
years. See id. (citing State v. Vater. No. CF-2015-97). By notice filed on September 22,
2015, the Court was informed that Vater had been transferred to Lexington Assessment

and Reception Center in Lexington, Oklahoma. See Doc. 10.

Assuming without deciding that Magistrate Judge Enwin's analysis regarding
jurisdiction and transfer is correct, the Court finds in the absence of any objection that

dismissal of Vater's Petition is warranted and that Vater has waived his right to further

review of Magistrate Judge Erwin's findings and recommendation.
Accordingly, the Court

(1) ADOPTS the Report and Recommendation [Doc. 15] issued on November 17,
2015, to the extent that it suggests dismissal of the Petition; and

(2) DISMISSES without prejudice Vater's Petition [Doc. 6], as amended and filestamped August 21, 2015.

ENTERED this

day of December, 2015.

WEST
IITED STATES DISTRICT JUDGE