Brown v. Lane

United States District Court, Oklahoma Western

Brown v. Lane

Trial Court Opinion

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

CURTIS TYRONE BROWN, ) ) Petitioner, ) ) vs. ) NO. CIV-24-0285-HE ) REECE LANE, ) ) Respondent. )

ORDER

Petitioner Curtis Tyrone Brown, appearing pro se, seeks a writ of habeas corpus pursuant to

28 U.S.C. § 2241

and

28 U.S.C. § 2254

. Pursuant to

28 U.S.C. § 636

(b)(1)(B),(C), the matter was referred to Magistrate Judge Shon T. Erwin for initial proceedings. On June 28, 2024, Judge Erwin issued a Report and Recommendation recommending the court dismiss the Section 2254 action (Ground One) on filing as untimely, abstain from adjudicating the Section 2241 action (Ground Two) under the Younger abstention doctrine, and dismiss Ground Two without prejudice. Petitioner was advised of his right to object to the Report and Recommendation by July 15, 2024. No objection has been filed. Petitioner has therefore waived his right to appellate review of the factual and legal issues addressed in the report. Cassanova v. Ulibarri,

595 F.3d 1120, 1123

(10th Cir. 2010). Accordingly, the court ADOPTS the Report and Recommendation [Doc. #15], DISMISSES the Section 2254 action as untimely, and DISMISSES without prejudice the Section 2241 action under the Younger abstention. IT IS SO ORDERED. Dated this 7th day of August, 2024. 4] — ALLIU AA i JO XTON ~D STATES DISTRICT JUDGE

Reference

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