ROSS v. SEDGWICK COUNTY DISTRICT ATTORNEY’S OFF. (W.D.Okla. 5-31-2007)

NO. CIV-07-0449-HE.United States District Court, W.D. Oklahoma.
May 31, 2007

ORDER
JOE HEATON, District Judge

Petitioner Terry Ross, a pro se prisoner, instituted this action pursuant to 28 U.S.C. § 2241, challenging a state detainer filed against him. Pursuant to 28 U.S.C. § 636(b)(1)(B), this matter was referred to Magistrate Judge Valerie K. Couch, who recommended that the petition for writ of habeas corpus be dismissed without prejudice to refiling.

Petitioner has not objected to the Report and Recommendation and, therefore, has waived his right to appellate review of the factual and legal issues it addressed. United States v. OneParcel of Real Property, 73 F.3d 1057, 1059-60 (10th Cir. 1996) See 28 U.S.C. § 636(b)(1); LCvR 72.1(a). The court has also considered the merits of the action and substantially concurs with the Magistrate Judge’s analysis.

Accordingly, the court ADOPTS the Report and Recommendation andDISMISSES, without prejudice to refiling, the petition for writ of habeas corpus.

IT IS SO ORDERED.

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