Ruiz v. Carter

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
DEREK RUIZ, )
)
Petitioner, )
)
v. ) Case No. CIV-25-154-J
)
WARDEN CARTER, )
FEDERAL BUREAU OF PRISONS, )
)
Respondent. )
ORDER
Petitioner, a federal inmate appearing pro se, filed a Petition for a Writ of Habeas Corpus
Under 28 U.S.C. § 2241 challenging five disciplinary convictions. [Doc. No. 1]. The matter was
referred to United States Magistrate Judge Amanda L. Maxfield for initial proceedings consistent
with 28 U.S.C. § 636(b)(1)(B), (C). Thereafter, Respondent filed a motion to dismiss [Doc. No.
9] to which Petitioner responded. [Doc. No. 10]. Judge Maxfield issued a Report and
Recommendation recommending the Court grant the motion to dismiss. [Doc. No. 11].
Petitioner’s objection deadline was February 6, 2026. See id.
Unfortunately, Petitioner did not receive the Report and Recommendation because he is no
longer at the same facility and has not updated his address with the Court. [Doc. No. 12]. This
despite the Court sending him a Change of Address form when he initiated the case. See Staff
Notes dated February 4, 2025. It is Petitioner’s responsibility to update his contact information,
and thus his inability to receive the Report and Recommendation does not alter the outcome in this
case. See Theede v. U.S. Dep’t of Labor, 172 F.3d 1262 (10th Cir. 1999) (holding that plaintiff
waived his right to appellate review because he failed to timely object to the report and
recommendation, despite not receiving the document, because he “fail[ed] to direct the district
court’s attention to [his] change of address”).
Case 5:25-cv-00154-J Document 13 Filed 02/13/26 Page 1 of 2

2
Finding no timely objection, the Court concludes that Petitioner has waived his right to
appellate review of the factual and legal issues addressed in the Report and Recommendation. See
id.; see also Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010). Accordingly, the Court
ADOPTS the Report and Recommendation [Doc. No. 11], GRANTS Respondent’s motion to
dismiss [Doc. No. 9], and DISMISSES the Petition [Doc. No. 1] without prejudice.
A separate judgment will issue.
IT IS SO ORDERED this 13th day of February, 2026.
Case 5:25-cv-00154-J Document 13 Filed 02/13/26 Page 2 of 2