Oniyama v. Holder et al

Filing 8

ORDER -re: R&R 6 . The court is of the opinion that the Report is due to be, and hereby is, ADOPTED, and the Recommendation is ACCEPTED. Accordingly, it is hereby ORDERED, ADJUDGED and DECREED that the Petitioner's Petition for Writ of Habeas Corpus is hereby DIMSISSED as MOOT. Signed by Judge R David Proctor on 1/3/2013. (AVC)

FILED
2013 Jan-03 AM 11:19
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
RAPHAEL ONIYAMA,

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Petitioner,
v.
ERIC H. HOLDER, JR.,
ATTORNEY GENERAL, et al.,
Respondents.

Case No.: 4:12-cv-02523-RDP-TMP

ORDER
The Magistrate Judge filed a Report and Recommendation (Doc. #6) on December 6, 2012,
recommending that Petitioner's Petition for Writ of Habeas Corpus (Doc. #1) be dismissed as moot.
In particular, the Magistrate Judge found that because Petitioner was released on an order of
supervision on August 2, 2012, he had received the relief sought. (Doc. #6). Therefore, no case or
controversy exists between the parties. (Doc. #6).
Having now carefully reviewed and considered de novo all of the materials in the court file,1
including the Report and Recommendation, the court is of the opinion that the Report is due to be,
and hereby is, ADOPTED, and the Recommendation is ACCEPTED. Accordingly, it is hereby
ORDERED, ADJUDGED and DECREED that Petitioner's Petition for Writ of Habeas Corpus
(Doc. #1) is hereby DISMISSED as MOOT.

1

The court notes that it was not required to conduct an independent review of the Report and
Recommendation in this case because no party has filed objections. Fed. R. Civ. P. 72(b); Thomas
v. Arn, 474 U.S. 140, 150 (1985) ("It does not appear that Congress intended to require district court
review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when
neither party objects to those findings."). Nonetheless, the court has carefully reviewed the
Magistrate Judge's Report and agrees with his conclusions.

The Clerk of Court is DIRECTED to mail a copy of this order to Petitioner at his most
recent known address and to serve a copy upon the U.S. Attorney for the Northern District of
Alabama.
DONE and ORDERED this

3rd

day of January, 2013.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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