White v. Director TDCJ

Filing 10

ORDER adopting Report and Recommendations re 9 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 12/15/2014. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA

IRVINE P. WHITE,
Petitioner,
v.
WILLIAM STEPHENS,
Respondent.

)
)
)
)
)
)
)
)
)

Case No. CIV-14-1288-D

ORDER
This matter is before the Court for review of the Report and Recommendation issued
November 24, 2014, pursuant to 28 U.S.C. § 636(b)(1) and (C). United States Magistrate
Judge Shon T. Erwin recommends dismissal as moot of the Petition for Writ of Habeas
Corpus, which is construed as seeking relief under 28 U.S.C. § 2241. 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 Erwin’s analysis of this
issue is correct. As Petitioner has already obtained the relief sought, no live case or
controversy exists.

IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 9]
is ADOPTED in its entirety. A judgment of dismissal for lack of jurisdiction shall be
entered.
IT IS SO ORDERED this 15th day of December, 2014.

2