The opinion
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JAMES PATRICK LESLEY, JR., )
Petitioner,
VS. NO. CIV-19-0616-HE
THE STATE OF OKLAHOMA,
Respondent.
ORDER
James Patrick Lesley, Jr., filed a petition for writ of habeas corpus pursuant to 28
U.S.C. § 2254 after the Oklahoma Pardon and Parole Board declined to recommend him
for parole. Pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), the matter was referred to
Magistrate Judge Bernard M. Jones for initial proceedings. Judge Jones has issued a Report
and Recommendation recommending that the petition be construed as arising under § 2241
and dismissed.
Petitioner has failed to object to the Report thereby waiving his right to appellate
review of the factual and legal issues it addressed. Casanova v. Ulibarri, 595 F.3d 1120,
1123 (10th Cir. 2010). Being in substantial agreement, the court ADOPTS the Report and
Recommendation [Doc. # 8]. Petitioner’s action is DISMISSED without prejudice.
IT IS SO ORDERED.
Dated this 13th day of September, 2019.
JC TON
Ul STATES DISTRICT JUDGE