Barfield v. Allbaugh

Filing 14

ORDER ADOPTING 13 Report and Recommendation, DENYING 1 Petition for a Writ of Habeas Corpus, DENYING a certificate of appeability. Signed by Honorable Stephen P. Friot on 11/4/2016. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
FORREST BARFIELD,
Petitioner,
-vsJOE ALLGBAUGH, Interim Director,
Respondent.

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Case No. CIV-16-779-F

ORDER
Petitioner, a state prisoner appearing pro se and in forma pauperis, seeks habeas
relief in this action under 28 U.S.C. § 2254. Magistrate Judge Gary M. Purcell
entered a Report and Recommendation (the Report, doc. no. 13), recommending the
petition be denied.
The Report advised the parties of their right to file an objection to the
recommendations contained in the Report by October 20, 2016. The Report further
advised that failure to timely object waives the right to appellate review of both
factual and legal issues contained in the Report. No objection has been filed, and no
request for an extension of time within which to object has been filed.
The Report addresses, in detail, the reasons for the magistrate judge’s
recommendation that habeas relief be denied. As noted in the Report, almost all of
petitioner’s grounds for relief were presented in his direct appeal and were rejected
in that appeal. To the extent that petitioner has raised additional arguments, the
Report addresses those arguments as well as the arguments previously raised in the
direct appeal. After review, the court agrees with the magistrate judge that no basis
has been shown for habeas relief.

With no objection having been filed, after having concluded that no purpose
would be served by any further analysis here, the court ACCEPTS, ADOPTS, and
AFFIRMS the Report and Recommendation of the magistrate judge. The petition for
a writ of habeas corpus is DENIED. A certificate of appealability is DENIED.
Dated this 4th day of November, 2016.

16-0779p001.wpd