Opinion
CIV-24-0285-HE
08-07-2024
CURTIS TYRONE BROWN, Petitioner, v. REECE LANE, Respondent.
ORDER
JOE HEATON, UNITED STATES DISTRICT JUDGE
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.