Hernandez v. Carter

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WARDEN CARTER, 	)
)
Respondent. 	)
ORDER
Before the Court is Petitioner’s Petition for a Writ of Habeas Corpus pursuant to 28
U.S.C. § 2241 [Doc. No. 1], in which Petitioner challenges the execution of his federal
sentence. Respondent filed a Motion to Dismiss [Doc. No. 11], which was construed as a
response on the merits. The matter was referred to United States Magistrate Judge Shon T.
Erwin for initial proceedings in accordance with 28 U.S.C. § 636(b)(1)(B) and (C). [Doc.
No. 3].
On March 20, 2026, the magistrate judge issued a Report and Recommendation
[Doc. No. 13], in which he recommends that Petitioner’s habeas petition be denied. For the
reasons stated in the report, the magistrate judge found that Petitioner had not shown that
he was entitled to any additional credit to his federal sentence. Id. at 4-5. In his report, the
magistrate judge notified Petitioner of his right to file an objection to the report on or before
April 6, 2026, and that the failure to object waives Petitioner’s right to appellate review of
both factual and legal issues contained in the report. See Moore v. United States, 950 F.2d
656, 659 (10th Cir. 1991).
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
TONY HERNANDEZ, 	)
)
Petitioner, 	)
)
v. 	) 	Case No. CIV-25-825-D
)
Case 5:25-cv-00825-D Document 14 Filed 04/09/26 Page 1 of 2

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Upon review of the file and noting no timely objection to the findings and
recommendations 	of 	the 	magistrate 	judge, 	the 	Court 	ADOPTS 	the 	Report 	and
Recommendation [Doc. No. 13] in its entirety.
For the reasons stated therein, Petitioner’s Petition for a Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241 [Doc. No. 1] is DENIED. A separate judgment shall be
entered.
IT IS SO ORDERED this 9 th day of April, 2026.
TIMOTHY 	. DeGIUSTI
Chief United States District Judge
Case 5:25-cv-00825-D Document 14 Filed 04/09/26 Page 2 of 2