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. BearOpinion
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.