# Brown v. Lane

> District Court, W.D. Oklahoma · August 7, 2024

URL: https://www.frixlaw.com/law-library/cases/10665939

## Case

- **Court:** District Court, W.D. Oklahoma
- **Decided:** August 7, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10665939

## Opinion text

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA

CURTIS TYRONE BROWN, )
)
Petitioner, )
)
vs. ) NO. CIV-24-0285-HE
)
REECE LANE, )
)
Respondent. )

ORDER

Petitioner Curtis Tyrone Brown, appearing pro se, seeks a writ of habeas corpus
pursuant to 28 U.S.C. § 2241 and 28 U.S.C. § 2254. Pursuant to 28 U.S.C. §
636(b)(1)(B),(C), the matter was referred to Magistrate Judge Shon T. Erwin for initial
proceedings. On June 28, 2024, Judge Erwin issued a Report and Recommendation
recommending the court dismiss the Section 2254 action (Ground One) on filing as
untimely, abstain from adjudicating the Section 2241 action (Ground Two) under the
Younger abstention doctrine, and dismiss Ground Two without prejudice. Petitioner was
advised of his right to object to the Report and Recommendation by July 15, 2024. No
objection has been filed. Petitioner has therefore waived his right to appellate review of
the factual and legal issues addressed in the report. Cassanova v. Ulibarri, 595 F.3d 1120,
1123 (10th Cir. 2010).
Accordingly, the court ADOPTS the Report and Recommendation [Doc. #15],
DISMISSES the Section 2254 action as untimely, and DISMISSES without prejudice the
Section 2241 action under the Younger abstention.
IT IS SO ORDERED.
Dated this 7th day of August, 2024. 4]
— ALLIU AA i
JO XTON
~D STATES DISTRICT JUDGE

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10665939. Public record. Not legal advice.