Ferrell v. Oklahoma State of

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION 9 of Magistrate Judge Charles B. Goodwin...this case is TRANSFERRED to the U.S. District Court for the Northern District of Oklahoma for all further proceedings. Signed by Honorable Joe Heaton on 1/19/2017. (cla)

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

JOHNNY VAN FERRELL JR.,
Petitioner,
NO. CIV-16-1203-HE

V.

JOE M. ALLBAUGH, Director,

Respondent.

ORDER

Petitioner Johnny Van Ferrell Jr., a state prisoner appearing pro se, filed this
action 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 recommended that the case be transferred to
the U.S. District Court for the Northern District of Oklahoma as the district in which

petitioner was tried and sentenced. Petitioner was advised of his right to object, by
December 21, 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 Property. 73 F.3d 1057, 1059-60 (10th Cir. 1996);

28

U.S.C. § 636(b)(1)(C). Therefore the court ADOPTS the Report and Recommendation
[Doc. #9].

This case is TRANSFERRED to the U.S. District Court for the Northern

District of Oklahoma for all further proceedings.
IT IS SO ORDERED.

J^day

Dated this \\ day of January, 2017.

lEATON
U.S. DISTRICT JUDGE