Pyles v. Patton

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATION 5 of Magistrate Judge Charles B. Goodwin...this case is TRANSFERRED to the U.S. District Court for the Eastern District of Oklahoma for all further proceedings. Signed by Honorable Joe Heaton on 1/19/2017. (Attachments: # 1 Attachment 1 - Report and Recommendation)(cla)

IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF OKLAHOMA

STEVEN LYNN PYLES,
Petitioner,
V.

JOE M. ALLBAUGH, Director,
Respondent.

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NO. CIV-16-1189-HE

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ORDER

Petitioner Steven Lynn Pyles, a state prisoner appearing pro se, filed this action
challenging his conviction and seeking a writ of habeas corpus under 28 U.S.C. § 2254.
The matter was referred to U.S. Magistrate Judge Charles B. Goodwin for initial
proceedings consistent with 28 U.S.C. § 636(b)(l)(B)-(C). Judge Goodwin recommends
that the case be transferred to the U.S. District Court for the Eastern District of Oklahoma

as the district in which petitioner was tried and convicted. Petitioner was advised of his

right to object, by December 20, 2016, to the Report and Recommendation.
No objection has been filed. Petitioner has therefore waived his right to appellate
review of the factual and legal issues raised in the Report and Recommendation. United
States V. One Parcel of Real Propertv. 73 F.3d 1057, 1059-60 (10th Cir. 1996);

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U.S.C. § 636(b)(1)(C). Therefore the court ADOPTS the Report and Recommendation
[Doc. #5], a copy of which is attached to this order. This case is TRANSFERRED to the

U.S. District Court for the Eastern District of Oklahoma for all further proceedings.
IT IS SO ORDERED.

Dated this

day of January, 2017.

JOE HmTON

CNIEF U.S. DISTRICT JUDGE