Noguera Silva v. Warden of Diamondback Correctional Facility

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
GLENDA JOSE NOGUERA SILVA, )
)
Petitioner, )
)
v. ) Case No. CIV-26-593-R
)
WARDEN OF DIAMONDBACK )
CORRECTIONAL FACILITY et al., )
)
Respondents. )
REPORT AND RECOMMENDATION
Petitioner, appearing without counsel, has filed a petition for writ of habeas corpus.
(ECF No. 1). United States District Judge David L. Russell referred the matter to the
undersigned magistrate judge for initial proceedings consistent with 28 U.S.C. §
636(b)(1)(B). (ECF No. 3). The undersigned recommends the Court dismiss the petition
without prejudice based on Petitioner’s counsel’s failure to follow the Court’s Rules and
Orders.
I. DISCUSSION
On March 30, 2026, in accordance with that referral, the undersigned ordered
Petitioner to either pay the filing fee or file an application to proceed
in forma pauperis.
Petitioner was directed to cure this deficiency on or before April 16, 2026. Petitioner was
advised that failure to comply with the Order would result in a recommendation of
dismissal of this action without prejudice and without further notice.
See ECF No. 4 and
Court Only entry dated 03/30/2026.
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As of the date of this order, Petitioner has failed to cure the deficiency, show good
cause for his failure to do so, or request an extension of time to comply with the Court’s
order. In fact, Petitioner has not responded to the Court’s order in any way. Additionally,
the Court’s records reflect that mail addressed to Petitioner is being returned as
undeliverable. The envelopes indicate “Mail Returned as Undeliverable - Refused” and
“Mail Returned as Undeliverable - Return to Sender/No Longer at this Address”
See ECF
Nos. 5 and 6. Review of the case docket indicates Petitioner has not submitted a notice
of change of address to the Clerk of Court. Petitioner is responsible for notifying the court
of any change of address.
See LCvR 5.4(a). Moreover, "[p]apers sent by the Court will
be deemed delivered if sent to the last known address given to the Court."
Id.
THEREFORE, the undersigned finds that Petitioner’s failure to comply with the
Court’s Order, in light of the Court’s right and responsibility to manage its cases, warrants
dismissal of this action without prejudice.
See Nasious v. Two Unknown B.I.C.E. Agents
at Arapahoe County Justice Center, 492 F.3d 1158, 1161 n.2, 1162 (10th Cir. 2007) (sua
sponte dismissal for failure to comply with Court’s orders permitted under federal rules,
and court need not follow any particular procedures in dismissing actions without
prejudice for failure to comply).
II. RECOMMENDATION
Based on the foregoing findings, it is recommended that this action be
DISMISSED without prejudice for Petitioner’s failure to comply with this Court’s
orders. Petitioner is advised of his right to file an objection to this Report and
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Recommendation with the Clerk of Court by May 18, 2026, in accordance with 28 U.S.C.
§ 636 and Fed. R. Civ. P. 72. Petitioner is further advised that any failure to make timely
objection to this Report and Recommendation waives the right to appellate review of the
factual and legal issues addressed herein.
Casanova v. Ulibarri, 595 F.3d 1120, 1123
(10th Cir. 2010).
III. STATUS OF REFERRAL
This Report and Recommendation disposes of all issues and terminates the referral
to the undersigned magistrate judge in the captioned matter.
ENTERED on April 29, 2026.
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