Rodriguez v. Warden of Cimarron Correctional Facility et al

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
GERWIN ANTONIO )
LEAL RODRIGUEZ, )
)
Petitioner, )
)
v. ) Case No. CIV-26-1136-G
)
WARDEN, Cimarron Correctional )
Facility, et al., )
)
Respondents. )
ORDER
On May 18, 2026, Petitioner Gerwin Antonio Leal Rodriguez 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 September 29, 2026, Judge Erwin issued a Report and Recommendation (“R. &
R.,” Doc. No. 10), in which he recommended this action be dismissed as duplicative of
another habeas proceeding filed by Petitioner. See id. at 2-4. In the R. & R., Judge Erwin
advised the parties of their right to object to the R. & R. by October 6, 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.
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CONCLUSION
Accordingly, the Report and Recommendation (Doc. No. 10) is ADOPTED in its
entirety. The Petition for Writ of Habeas Corpus (Doc. No. 1) is DISMISSED without
prejudice. A separate judgment shall be entered.
IT IS SO ORDERED this 14th day of October, 2026.
Case 5:26-cv-01136-G Document 11 Filed 10/14/26 Page 2 of 2