Pena v. Cerna et al

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.
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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