Cardenas v. Davis

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
GERARDO CARDENAS, 	)
)
Petitioner, 	)
)
v. 	) 	Case No. CIV-26-1917-J
)
KELLI DAVIS, 	)
)
Respondent. 	)
ORDER
Petitioner, Gerardo Cardenas, a state prisoner proceeding pro se, brought this action
pursuant to 28 U.S.C. § 2241, seeking a writ of habeas corpus [Doc. No. 1]. 	The matter was
referred for initial proceedings to United States Magistrate Judge Chris M. Stephens consistent
with 28 U.S.C. § 626(b)(1)(B),(C). 	See [Doc. No. 3]. 	Judge Stephens issued a Report and
Recommendation [Doc. No. 9] recommending the Court dismiss the Petition without prejudice.
Petitioner has filed a number of documents, see [Doc. Nos. 10-13], which the Court construes as
objections to the Report and Recommendation, which triggers de novo review.
In the Report and Recommendation, Judge Stephens finds Petitioner has alleged no facts
challenging the execution of his sentence and instead seeks to challenge his underlying conviction
and sentence in a state court case which he does not identify. See Report and Recommendation at
2. 	Judge Stephens recommends dismissing Petitioner’s Petition without prejudice for failure to
state a § 2241 claim upon which relief can be granted. In his objections, Petitioner continues to
assert arguments that are properly brought through a petition under 28 U.S.C. § 2254 and does not
address the basis for dismissal set forth in the Report and Recommendation. Having reviewed this
matter de novo, the Court concludes Petitioner’s Petition should be dismissed without prejudice
for failure to state a § 2241 claim upon which relief can be granted.
Case 5:26-cv-01917-J Document 14 Filed 10/08/26 Page 1 of 2

2
Accordingly, the Court ADOPTS the Report and Recommendation [Doc. No. 9] and
DISMISSES the Petition for Writ of Habeas Corpus [Doc. No. 1] without prejudice. A certificate
of appealability is DENIED, as the Court concludes Petitioner has not made “a substantial showing
of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2).
IT IS SO ORDERED this 8 th day of October, 2026.
Case 5:26-cv-01917-J Document 14 Filed 10/08/26 Page 2 of 2