Penate v. Byrd

Filing 9

ORDER ADOPTING 8 Report and Recommendation, DISMISSING WITH PREJUDICE 1 Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2254. Signed by Honorable Stephen P. Friot on 3/3/2017. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ALEX S. PENATE,
Petitioner,
-vsRAYMOND BYRD,
Respondent.

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Case No. CIV-16-1442-F

ORDER
United States Magistrate Judge Shon T. Erwin issued a Report and
Recommendation on January 30, 2017, wherein he recommended that petitioner,
Alex S. Penate’s petition for a writ of habeas corpus under 28 U.S.C. § 2254 be
dismissed with prejudice. Magistrate Judge Erwin advised petitioner of his right to
file an objection to the Report and Recommendation by February 17, 2017 and he
further advised petitioner that the failure to make a timely objection to the Report
and Recommendation would waive the right to appellate review of both factual and
legal issues therein contained.
To date, petitioner has not filed any objection to the Report and
Recommendation nor has he sought an extension of time to file an objection. The
court therefore accepts, adopts and affirms the Report and Recommendation in its
entirety.
Accordingly, the Report and Recommendation issued by United States
Magistrate Judge Shon T. Erwin on January 30, 2017 (doc. no. 8) is ACCEPTED,
ADOPTED and AFFIRMED. Petitioner, Alex S. Penate’s petition for a writ of

habeas corpus under 28 U.S.C. § 2254 (doc. no. 1) is DISMISSED WITH
PREJUDICE. Judgment shall issue forthwith.
IT IS SO ORDERED this 3rd day of March, 2017.

16-1442p002.docx

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