Vo v. Warden of Diamondback Detention Facility

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
AN VO, )
)
Petitioner, )
)
v. ) Case No. CIV-26-363-J
)
WARDEN OF DIAMONDBACK )
CORRECTIONAL FACILITY, )
)
Respondent. )
ORDER
Petitioner, through counsel, filed a Petition under 28 U.S.C. § 2241 challenging his
detention with the United States Immigration and Customs Enforcement. The matter was referred
for initial proceedings to United States Magistrate Judge Suzanne Mitchell consistent with 28
U.S.C. § 636(b)(1)(B), (C). Judge Mitchell ordered Petitioner’s counsel to cure errors, including
her failure to comply with LCvR 83.3(a) and failure to pay the $5.00 filing fee. [Doc. No. 4].
Counsel did not respond or cure the errors, and Judge Mitchell issued a Report and
Recommendation recommending that the Court dismiss the Petition without prejudice. [Doc. No.
5]. Despite being cautioned that he must file any objection no later than March 27, 2026, Petitioner
did not object and has waived his right to appellate review of the factual and legal issues addressed
in the Report and Recommendation. See Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir.
2010).
Case 5:26-cv-00363-J Document 6 Filed 03/30/26 Page 1 of 2

2
Accordingly, the Court ADOPTS the Report and Recommendation [Doc. No. 5] and
DISMISSES the Petition under 28 U.S.C. § 2241 without prejudice.1 A separate judgment shall
be entered.
IT IS SO ORDERED this 30th day of March, 2026.
1 The Court judicially notices that Petitioner has also filed a pro se Petition challenging his
detention. That case is ongoing. See Vo v. Figueroa, CIV-26-410-J (W.D. Okla.).
Case 5:26-cv-00363-J Document 6 Filed 03/30/26 Page 2 of 2