Reported / Citable
Background
Virgilio Gaona filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 against the Fannin County Sheriff, Cody Shook, in the Eastern District of Texas.
The matter was referred to a United States Magistrate Judge under 28 U.S.C. § 636. On July 29, 2025, the magistrate judge recommended dismissing the petition without prejudice. Gaona filed no timely objections to that recommendation.
The Court’s Holding
District Judge Sean D. Jordan adopted the magistrate judge’s report and recommendation after concluding that its findings and conclusions were correct.
The court dismissed Gaona’s § 2241 petition without prejudice. It also denied all motions that had not already been resolved.
Key Takeaways
- The court adopted the magistrate judge’s recommendation after no timely objections were filed.
- Gaona’s § 2241 habeas petition was dismissed without prejudice.
- All remaining unresolved motions were denied.
Why It Matters
The order is a procedural disposition of a federal habeas case, leaving the dismissal without prejudice rather than reaching a merits ruling stated in this order.