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

GERALD WARLEDO, ) ) Petitioner, ) ) vs. ) NO. CIV-22-0086-HE ) SCOTT CROW, ) ) Respondent. )

ORDER

Petitioner Gerald Warledo, a state prisoner appearing pro se, filed his habeas petition pursuant to

attacking his state court conviction based on McGirt v. Oklahoma,

(2020). Pursuant to

(b)(1)(B) and (C), the matter was referred to Magistrate Judge Shon T. Erwin for initial proceedings. Upon initial review of the petition, Judge Erwin issued a Report and Recommendation recommending that the petition be dismissed for lack of jurisdiction as a second or successive habeas petition. Absent an order from the court of appeals authorizing a second or successive habeas petition, this court may not consider such a petition.

(b)(3)(A). The Report advised petitioner of his right to object to the Report by April 15, 2022. Petitioner has not objected to the Report, thereby waiving his right o appellate review of the factual and legal issues it addressed. Casanova v. Ulibarri,

(10th Cir. 2010). Accordingly, the court ADOPTS the Report and Recommendation [Doc. #9]. Petitioner’s petition is DISMISSED. Further, because the petition does not meet the requirements of

(b)(2), the court declines to transfer the petition to the Tenth Circuit Court of Appeals for consideration as an application to file a second or successive habeas petition. IT IS SO ORDERED. Dated this 11" day of May, 2022.

4 cote IEE AION STATES DISTRICT JUDGE