Strawn v. Stephens County Court

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF OKLAHOMA

JOSEPH GLEN STRAWN, ) )

Petitioner, ) ) v. ) Case No. CIV-21-243-J )

STEPHENS COUNTY COURT, ) )

Respondent. )

ORDER

Petitioner, a state prisoner appearing pro se, filed a petition for writ of habeas corpus under 28 U.S.C. § 2254 [Doc. No. 1]. The matter was referred for initial proceedings to United States Magistrate Judge Amanda Maxfield Green consistent with 28 U.S.C. § 626(b)(1)(B), (C). On screening, Judge Green recommended that Petitioner’s Grounds One, Two, and Four be dismissed for failure to exhaust state court remedies and Ground Three be dismissed as relief was unavailable under § 2254. [Doc. No. 5]. Despite being cautioned that he must file any objection no later than April 21, 2021, see id., Petitioner did not object and has waived his right to appellate review of the factual and legal issues addressed in the Report and Recommendation. See Cassanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010).

Accordingly, the Court ADOPTS the Report and Recommendation [Doc. No. 5] and DISMISSES the Petition [Doc. No. 1]. The Court also DENIES Petitioner’s application for leave to proceed in forma pauperis [Doc. No. 2] and motion for order [Doc. No. 6] as moot. Finally, a certificate of appealability is DENIED, as the Court concludes Petitioner has not made “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2).

A separate judgment will follow.

IT IS SO ORDERED this 4" day of May, 2021.

BERNARD M. JONES

UNITED STATES DISTRICT JUDGE