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Cortez v. Gonzales
5:07-cv-00567
W.D. Okla.
Sep 6, 2007
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Case Information

*1 Case 5:07-cv-00567-D Document 27 Filed 09/06/07 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA PHILLIP B. CORTEZ, )

) Petitioner, ) ) v. ) Case No. CIV-07-567-D

) ALBERTO GONZALES, et al. , )

) Respondents. ) O R D E R O F D I S M I S S A L

This matter is before the Court for review of the Report and Recommendation issued August 8, 2007, pursuant to 28 U.S.C. § 636(b)(1) and (C). United States Magistrate Judge Robert E. Bacharach recommends dismissal of this action for habeas corpus relief under 28 U.S.C. § 2241, as moot. Petitioner has neither filed a timely objection nor requested additional time to object.

The Court finds Petitioner has waived further review of the issue of mootness due to his failure to object. See Moore v. United States , 950 F.2d 656, 659 (10th Cir. 1991); see also United States v. 2121 East 30th Street , 73 F.3d 1057, 1060 (10th Cir. 1996). Further, based on a de novo review of the case file, the Court finds Judge Bacharch’s analysis of this issue is correct. Therefore, the Court adopts the Report and Recommendation [Doc. 24] in its entirety.

IT IS THEREFORE ORDERED that Respondents’ Motion to Dismiss as Moot [Doc. 21] is GRANTED. This action is DISMISSED for lack of jurisdiction.

IT IS SO ORDERED this 6 th day of September, 2007.

Case Details

Case Name: Cortez v. Gonzales
Court Name: District Court, W.D. Oklahoma
Date Published: Sep 6, 2007
Docket Number: 5:07-cv-00567
Court Abbreviation: W.D. Okla.
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