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Frazier v. Figueroa

United States District Court, W.D. Oklahoma
Jan 5, 2009
NO. CIV-08-0496-HE (W.D. Okla. Jan. 5, 2009)

Summary

rejecting § 2241 claim based on assertion that Colorado "commuted" the petitioner's sentence by transferring him from a Colorado facility to a private prison in Oklahoma

Summary of this case from Martin v. Bear

Opinion

NO. CIV-08-0496-HE.

January 5, 2009


ORDER


Petitioner Ronald Frazier, a Colorado state prisoner appearing pro se, instituted this action pursuant to 28 U.S.C. § 2241 seeking habeas relief. Consistent with 28 U.S.C. § 636(b)(1)(B), the matter was referred for initial proceedings to Magistrate Judge Doyle W. Argo, who has recommended that the petition be dismissed.

As summarized by the magistrate judge, the "gravamen of [the petitioner's] argument is an attack on the legality of the execution of his Colorado sentence in Oklahoma at a private prison facility." Report and Recommendation, pp. 3-4.

The petitioner, having failed to object to the Report and Recommendation, waived his right to appellate review of the factual and legal issues it addressed. United States v. One Parcel of Real Property, 73 F.3d 1057, 1059-60 (10th Cir. 1996). See 28 U.S.C. § 636(b)(1)(C); LCvR72.1. Accordingly, the court adopts Magistrate Judge Argo's Report and Recommendation and DISMISSES the petition for writ of habeas corpus.

IT IS SO ORDERED.


Summaries of

Frazier v. Figueroa

United States District Court, W.D. Oklahoma
Jan 5, 2009
NO. CIV-08-0496-HE (W.D. Okla. Jan. 5, 2009)

rejecting § 2241 claim based on assertion that Colorado "commuted" the petitioner's sentence by transferring him from a Colorado facility to a private prison in Oklahoma

Summary of this case from Martin v. Bear

rejecting § 2241 claim based on assertion that Colorado "commuted" the petitioner's sentence by incarcerating him in a private prison in Oklahoma

Summary of this case from Coughlin v. Bear
Case details for

Frazier v. Figueroa

Case Details

Full title:RONALD FRAZIER, Petitioner, v. FRED FIGUEROA, Respondent

Court:United States District Court, W.D. Oklahoma

Date published: Jan 5, 2009

Citations

NO. CIV-08-0496-HE (W.D. Okla. Jan. 5, 2009)

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