Summary
The United States District Court for the Western District of Oklahoma adopted a magistrate judge’s Report and Recommendation concerning a petition for a writ of habeas corpus under 28 U.S.C. § 2241. Because the petitioner failed to exhaust administrative remedies and did not object to the recommendation, the court dismissed the petition without prejudice to refiling.
Holdings
- Because petitioner filed no timely objection, he waived the right to appellate review of the factual and legal issues addressed in the Report and Recommendation.
- The petition was dismissed without prejudice because petitioner failed to exhaust administrative remedies.
Questions Presented
- Whether the petition should be dismissed without prejudice because petitioner failed to exhaust administrative remedies.
- Whether petitioner's failure to object to the Report and Recommendation waived appellate review of the factual and legal issues addressed in it.
Disposition
dismissed
Cases Cited (1)
- Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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