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govinfo:USCOURTS-okwd-5_26-cv-00184-1

U.S. District Court for the Western District of Oklahoma · 2026-06-12

· GavelSight synced 2026-09-06 03:44:57

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IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF OKLAHOMA 
 
THOMAS CUNNINGHAM, 
 
Petitioner, 
 
v. 
 
WARDEN, FCI EL RENO, 
 
Respondent. 
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Case No. CIV-26-184-D 
ORDER 
 Petitioner Thomas Cunningham, appearing pro se, sought habeas relief under 28 
U.S.C. § 2241, challenging the execution of his sentence. The matter was referred to United 
States Magistrate Judge Chris M. Stephens for initial proceedings consistent with 28 U.S.C. 
§ 636(b)(1)(B) and (C). [Doc. No. 3]. 
 On May 8, 2026, the magistrate judge issued a Report and Recommendation 
(“Report”), in which he recommends dismissing the matter as moot, because Petitioner has 
been released from the Federal Bureau of Prison’s custody. [Doc. No. 9]. Petitioner was 
expressly informed of his right to object to the Report, the procedure for doing so, and the 
consequences for failing to object on or before May 29, 2026. Id. at p. 5. Petitioner has 
neither timely objected nor sought additional time to do so. Thus, the Petitioner has waived 
further review of all issues addressed in the Report. See Moore v. United States, 950 F.2d 
656, 659 (10th Cir. 1991). 
 Accordingly, the Court ADOPTS the magistrate Judge’s Report [Doc. No. 9] in its 
entirety. 

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 IT IS THEREFORE ORDERED that this action is DISMISSED AS MOOT. A 
separate judgment shall be entered. 
IT IS SO ORDERED this 12th day of June, 2026. 
 
 
 

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