Shilling v. Warden

1
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
RYAN SHILLING 	§
v. § 	CIVIL ACTION NO. 5:24-CV-39-JRG-JBB
WARDEN, FCI-TEXARKANA 	§
ORDER
Before the Court is Petitioner Ryan Shilling’s petition for writ of habeas corpus under 28
U.S.C. § 2241 challenging the computation of his sentence. Docket No. 1. The case was referred
to United States Magistrate Judge Boone Baxter in accordance with 28 U.S.C. § 636.
On January 12, 2026, the Magistrate Judge issued a Report and Recommendation (Docket
No. 7), recommending the above-styled petition for the writ of habeas corpus be dismissed as
moot. A copy of this Report was sent to Petitioner at his last known address but was returned as
undeliverable. 1 Because no objections have been received, Petitioner is barred from de novo
review by the District Judge of the Magistrate Judge’s proposed findings, conclusions and
recommendations. Moreover, except upon grounds of plain error an aggrieved party is barred from
appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted
by the District Court. See Duarte v. City of Lewisville, Texas, 858 F.3d 348, 352 (5th Cir. 2017);
Arriaga v. Laxminarayan, Case No. 4:21-CV-00203- RAS, 2021 WL 3287683, at *1 (E.D. Tex.
July 31, 2021).
The Court has reviewed the pleadings in this case and the Report and Recommendation of
the Magistrate Judge. Upon such review, the Court has determined the Report of the Magistrate
1 Local Rule CV-11(d) of the Local Rules of Court for the Eastern District of Texas requires that pro se litigants must
provide the Court with a physical address and is responsible for keeping the Clerk of Court advised in writing of his
current physical address.
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2
Judge is correct. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (where no
objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous,
abuse of discretion and contrary to law”). Accordingly, it is
ORDERED that the Report and Recommendation of the Magistrate Judge (Docket No. 7)
is ADOPTED as the opinion of the District Court. It is further
ORDERED the above-captioned petition for writ of habeas corpus is DISMISSED as
moot. It is further
ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
So Ordered this
Feb 23, 2026
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