Medina v. Holder et al

Filing 12

MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 11/26/13. (SAC )

FILED
2013 Nov-26 PM 12:53
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
)
)
JOSE BASILIO MEDINA,
)
)
Petitioner,
)
)
Case No. 4:13-cv-265-WMA-PWG
v.
)
)
ERIC HOLDER, JR., et al.,
)
)
Respondents.
)
MEMORANDUM OPINION
The previously-assigned magistrate judge filed a report and
recommendation (Doc. # 10) on October 21, 2013, recommending that
the above-captioned petition for writ of habeas corpus be dismissed
as moot because the petitioner had already been deported, and thus
was no longer in the custody of the respondents. The parties were
allowed an opportunity in which to file objections; no objections
have been received from either party.

In fact, the copy mailed to

the petitioner was returned to the Clerk as undeliverable, further
supporting respondents’ position that the petitioner is no longer
in their custody.
Having carefully reviewed and considered de novo all the
materials in the court file, the Court is of the opinion that the
magistrate judge’s findings are due to be and are hereby ADOPTED
and her recommendation is ACCEPTED.

Accordingly, the petition for

writ of habeas corpus is due to be dismissed as moot.
A separate order effectuating this opinion will be entered.

DONE this 26th day of November, 2013.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE

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