# Lesley v. Oklahoma State of

> District Court, W.D. Oklahoma · September 13, 2019

URL: https://www.frixlaw.com/law-library/cases/10387760

## Case

- **Court:** District Court, W.D. Oklahoma
- **Decided:** September 13, 2019
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10387760

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10387760. Public record. Not legal advice.