5:26-cv-01051•Pena v. Cerna et al
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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA SLAVKO PENA, ) ) Petitioner, ) ) v. ) Case No. CIV-26-1051-G ) ROBERT CERNA et al., ) ) Respondents. ) ORDER On May 8, 2026, Petitioner Slavko Pena filed a Petition for Writ of Habeas Corpus (Doc. No. 1), challenging his detention by U.S. Immigration and Customs Enforcement pursuant to 28 U.S.C. § 2241. In accordance with 28 U.S.C. § 636(b)(1), the matter was referred to Magistrate Judge Shon T. Erwin for preliminary review. On August 11, 2026, Judge Erwin issued a Report and Recommendation (“R. & R.,” Doc. No. 9), in which he recommended this action be dismissed as moot. See id. at 2-5; see also Bermudez v. Figueroa, No. CIV-26-179-JD, 2026 WL 925524, at *2 (W.D. Okla. Apr. 6, 2026). In the R. & R., Judge Erwin advised the parties of their right to object to the R. & R. by August 18, 2026. Judge Erwin also advised that a failure to timely object would constitute a waiver of the right to appellate review of the factual findings and legal conclusions contained in the R. & R. As of this date, no party has submitted an objection to the R. & R. or requested additional time to do so. Case 5:26-cv-01051-G Document 10 Filed 10/14/26 Page 1 of 2
2 CONCLUSION Accordingly, the Report and Recommendation (Doc. No. 9) is ADOPTED in its entirety. The Petition for Writ of Habeas Corpus (Doc. No. 1) is DISMISSED without prejudice as moot. A separate judgment shall be entered. IT IS SO ORDERED this 14th day of October, 2026. Case 5:26-cv-01051-G Document 10 Filed 10/14/26 Page 2 of 2
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