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HEMPHILL v. JONES
JOE HEATON, District Judge
Petitioner Stacey L. Hemphill, a state prisoner appearing pro se, brings this actions pursuant to 28 U.S.C. § 2241 seeking a writ of habeas corpus. Consistent with 28 U.S.C. § 636(b)(1)(B), the matter was referred to Magistrate Judge Doyle W. Argo. Judge Argo has recommended that the petition be dismissed without prejudice as duplicative of Case No. CIV-09-0120-HE. Petitioner, by failing to object to the Report and Recommendation has waived his right to appellate review of the suggested dismissal. United States v. 2121 East 30th Street, 73 F.3d 1057, 1059-60 (10th Cir. 1996). After de novo review, the court concurs with the Magistrate Judge that the petition is duplicative of the prior filed case.
In Case No. CIV-09-0120-HE, Magistrate Judge Robert E. Bacharach has sua sponte extended petitioner's deadline to file an amended petition until June 10, 2009 . If petitioner intends this petition to be his amended petition in CIV-09-0120-HE, he is instructed to file it appropriately in that case.
Accordingly, the court ADOPTS the Report and Recommendation [Doc. #5] and DISMISSES the petition without prejudice.
IT IS SO ORDERED.
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