Gbor v. United States of America

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION ~ The Court ADOPTS the Report and Recommendation 9 and DISMISSES Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 without prejudice. A certificate of appealability is DENIED, as more fully set out in the Order. Signed by Judge Bernard M. Jones on 3/5/2025. (dwl)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
JEFFERY DULWONH GBOR JR.,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Case No. CIV-24-1047-J

ORDER
Petitioner, a federal prisoner appearing pro se, has filed a Petition for Writ of Habeas
Corpus, pursuant to 28 U.S.C. § 2241. The matter was referred to United States Magistrate Judge
Chris M. Stephens for initial proceedings consistent with 28 U.S.C. § 636. [Doc. No. 8]. On
January 30, 2025, Judge Stephens issued a Report and Recommendation recommending the
Petition for Writ of Habeas Corpus be dismissed without prejudice for failure to exhaust
administrative remedies. [Doc. No. 9]. Petitioner was advised of his right to object to the Report
and Recommendation by February 20, 2025. Petitioner has filed no objection and has therefore
waived any right to appellate review of the factual and legal issues in the Report and
Recommendation. See Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991).
Accordingly, the Court ADOPTS the Report and Recommendation [Doc. No. 9] and
DISMISSES Petitioner’s Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 without
prejudice. A certificate of appealability is DENIED, as the Court concludes Petitioner has not
made “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2).
IT IS SO ORDERED this 5th day of March, 2025.