Omar Juarez Andrade v. Warden Childress

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION

OMAR JUAREZ ANDRADE PETITIONER V. CIVIL ACTION NO. 3:25-CV-822-KHJ-MTP WARDEN CHILDRESS RESPONDENT

ORDER This matter is before the Court on Magistrate Judge Michael T. Parker’s [9] Report and Recommendation. The [9] Report recommends dismissing with prejudice pro se Petitioner Omar Juarez Andrade’s (“Andrade”) [4] Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. R. & R. [9] at 5. Andrade is an inmate at the Federal Correctional Complex in Yazoo City, Mississippi. Pet. [4] at 1. He contends the First Step Act entitles him to time credit which the Bureau of Prisons refuses to apply to his sentence. . Respondent Warden Childress opposes the relief because Andrade failed to exhaust his administrative remedies and because his immigration status makes him ineligible

for relief. Resp. [7]. The [9] Report recommends dismissing the [4] Petition for the same reasons. [9] at 4–5. Written objections to the [9] Report were due by April 13, 2026. . at 5. The [9] Report notified the parties that failure to file written objections by that date would bar further appeal in accordance with 28 U.S.C. § 636. . No party objected to the [9] Report, and the time to do so has passed. The Court must review de novo a magistrate judge’s report only when a party objects to the report within 14 days after being served with a copy. 28 U.S.C. § 636(b)(1). When no party timely objects to the report, the Court applies “the ‘clearly

erroneous, abuse of discretion and contrary to law’ standard of review.” , 864 F.2d 1219, 1221 (5th Cir. 1989) (per curiam). Finding the [9] Report neither clearly erroneous, contrary to law, nor an abuse of discretion, the Court ADOPTS the [9] Report and DISMISSES this case with prejudice. In doing so, the Court has considered all arguments raised. Those arguments not addressed would not have altered the Court’s decision. The Court

will enter a separate final judgment consistent with this Order. SO ORDERED, this 27th day of April, 2026. s/ UNITED STATES DISTRICT JUDGE