Abhishek Rashmi Shah v. Don Jones, et al.

Summary

The United States District Court for the Western District of Oklahoma adopted a magistrate judge's Report and Recommendation and dismissed Abhishek Rashmi Shah's 28 U.S.C. § 2241 habeas petition as moot. The dismissal followed notice that Shah had been deported to India and was no longer in the custody of U.S. Immigration and Customs Enforcement, and no timely objection was filed.

Holdings

1. A party who fails to timely object to a magistrate judge's Report and Recommendation, after being informed of the objection procedure and consequences, waives further review of the issues addressed in the recommendation.
2. The § 2241 petition was moot because Petitioner had been deported and was no longer in the custody of U.S. Immigration and Customs Enforcement.

Questions Presented

1. Whether the petition should be dismissed as moot after Petitioner was deported and was no longer in ICE custody.
2. Whether Petitioner's failure to timely object to the magistrate judge's Report and Recommendation waived further review of the issues addressed in that recommendation.

Disposition

dismissed