IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

ROY L. BOWMAN, ) ) Petitioner, ) ) vs. ) NO. CIV-19-0542-HE ) JIMMY MARTIN, Warden, ) ) Respondent. )

ORDER Petitioner Roy L. Bowman, appearing by counsel, filed this action pursuant to

, challenging his conviction for murder in the second degree in the District Court of Comanche County, Oklahoma. Pursuant to

(b)(1)(B) and (C), the matter was referred to Magistrate Judge Gary M. Purcell for initial proceedings. Defendant filed a motion to dismiss the petition to which petitioner has responded. Judge Purcell has issued a Report and Recommendation recommending that the petition be dismissed as untimely. Petitioner, having failed to object to the Report, has waived his right to appellate review of the factual and legal issues it addressed. Casanova v. Ulibarri,

(10th Cir. 2010). Accordingly, the Report and Recommendation [Doc. #15] is ADOPTED. The petition is DISMISSED without prejudice. IT ISSO ORDERED. Dated this 23rd day of December, 2019. Nile JO YTON UT D STATES DISTRICT JUDGE