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Loya v. Whitten

United States District Court, Western District of Oklahoma
Aug 6, 2021
No. CIV-20-922-C (W.D. Okla. Aug. 6, 2021)

Opinion

CIV-20-922-C

08-06-2021

ERNESTO RAY LOYA, Petitioner, v. RICK WHITTEN, Warden, Respondent.


ORDER ADOPTING REPORT AND RECOMMENDATION

ROBIN J. CAUTHRON UNITED STATES DISTRICT JUDGE.

Petitioner brought the present action pursuant to 28 U.S.C. § 2254, seeking habeas corpus relief. Consistent with the provisions of 28 U.S.C. § 636(b)(1)(B), this action was referred to United States Magistrate Judge Suzanne Mitchell, who entered a Report and Recommendation (“R&R”) on June 7, 2021. In the R&R, Judge Mitchell recommended Petitioner's request for habeas relief be denied. Petitioner has filed an Objection to the R&R.

The facts and law are accurately set out in the R&R and there is no purpose to be served in repeating them yet again. Even after considering the arguments raised by Petitioner in his Objection, it is clear that he is not entitled to relief. Accordingly, the Court adopts, in its entirety, the Report and Recommendation of the Magistrate Judge (Dkt. No. 21). Petitioner's habeas petition (Dkt. No. 1) is DISMISSED with prejudice. A separate judgment shall issue.

IT IS SO ORDERED.


Summaries of

Loya v. Whitten

United States District Court, Western District of Oklahoma
Aug 6, 2021
No. CIV-20-922-C (W.D. Okla. Aug. 6, 2021)
Case details for

Loya v. Whitten

Case Details

Full title:ERNESTO RAY LOYA, Petitioner, v. RICK WHITTEN, Warden, Respondent.

Court:United States District Court, Western District of Oklahoma

Date published: Aug 6, 2021

Citations

No. CIV-20-922-C (W.D. Okla. Aug. 6, 2021)

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