Shobe et al v. Scarantino et al

Filing 10

ORDER denying as moot 3 Motion for Leave to Proceed in forma pauperis; denying as moot 4 Motion for Recusal. ; denying 5 Motion for Order; denying as moot 6 Motion for Order; adopting Report and Recommendations re 9 Report and Recommendation.. Signed by Honorable Timothy D. DeGiusti on 1/4/2017. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
MYRTLE SHOBE, the Legal Power of
Attorney, Guardian, and Next Friend of
Calvin Lee Shobe, with and for injured
person Calvin Lee Shobe,
Petitioners,
v.
THOMAS SCARANTINO, Warden,
FCI El Reno; TULSA OKLAHOMA
FEDERAL DISTRICT COURT; and
UNITED STATES OF AMERICA,
Respondents.

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Case No. CIV-16-1214-D

ORDER
Calvin Lee Shobe (“Petitioner”), a federal inmate confined in this judicial district, and
Mrytle Shobe, as Petitioner’s “Next Friend,” bring this action under 28 U.S.C. § 2241,
challenging Petitioner’s conviction and sentence entered in the United States District Court
for the Northern District of Oklahoma. See Pet. [Doc. No. 1] at 8. The matter was referred
to Magistrate Judge Suzanne Mitchell for proceedings consistent with 28 U.S.C. §
636(b)(1)(B) and (C).

On December 8, 2016, Judge Mitchell issued a Report and

Recommendation [Doc. No. 9] wherein she recommended the Court dismiss without
prejudice Petitioner’s action for lack of subject matter jurisdiction. Id. at 2.
In her Report and Recommendation, Judge Mitchell also advised Petitioner of his right
to file an objection to the same and directed Petitioner to file his objection no later than
December 28, 2016. Judge Mitchell further admonished Petitioner that failure to timely

object would constitute a waiver of his right to appellate review of the factual and legal
issues addressed in the Report and Recommendation. The deadline for filing an objection
has expired and, to date, Petitioner has not filed an objection or sought an extension of time
in which to do so.
Therefore, the Court hereby ADOPTS the Report and Recommendation [Doc. No. 9]
as though fully set forth herein. Accordingly, the Petition is dismissed without prejudice for
lack of subject matter jurisdiction, and the Motion to Proceed as Next Friend of Injured
Person Calvin Shobe [Doc. No. 5] is DENIED. Petitioner’s remaining motions [Doc. Nos.
3, 4, and 6] are DENIED as moot.
IT IS SO ORDERED this 4th day of January, 2017.

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