Shah v. Jones et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
ABHISHEK RASHMI SHAH,
Petitioner,
v.
DON JONES, et al.,
Respondents.
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Case No. CIV-25-1238-D
ORDER
Petitioner Abishek Rashmi Shah filed a Petition for Writ of Habeas Corpus pursuant
to 28 U.S.C. § 2241. [Doc. No. 1]. The matter was referred to United States Magistrate
Judge Suzanne Mitchell for initial proceedings in accordance with 28 U.S.C § 636(b)(1)(B)
and (C). [Doc. No. 4]. On November 18, 2025, Judge Mitchell ordered Respondents to file
a response to the Petition. [Doc. No. 8]. On December 4, 2025, Respondents filed a notice
in which they informed the Court that Petitioner had been deported to India on November
17, 2025. [Doc. No. 12]. On December 16, 2025, Judge Mitchell issued a Report and
Recommendation (“the R and R”) recommending the Court dismiss as moot the Petition
because the Petitioner was no longer in the custody of U.S. Immigration and Customs
Enforcement.
The case file shows no timely objection to the R and R nor request for an extension
of time, even though Petitioner was expressly informed of his right to object, the procedure
for doing so, and the consequences of failing to object. Therefore, the Court finds that
Petitioner has waived further review of all issues addressed in the R and R. See Moore v.
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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). For the reasons explained by Judge Mitchell
in the R and R, the Court finds this action should be dismissed as moot.
IT IS THEREFORE ORDERED that the R and R [Doc. No. 14] is ADOPTED
in its entirety. This action is DISMISSED AS MOOT. A separate judgment of dismissal
shall be entered.
IT IS SO ORDERED this 8 th day of January, 2026.
TIMOTHY 	. DeGIUSTI
Chief United States District Judge
Case 5:25-cv-01238-D Document 16 Filed 01/08/26 Page 2 of 2