Garabito v. Rivera et al
Filing
19
MEMORANDUM OPINION - Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judges report is hereby ADOPTED and the recommendation is ACCEPTED. Signed by Judge L Scott Coogler on 10/10/2019. (KEK)
FILED
2019 Oct-10 PM 04:45
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
GREGORY GARABITO,
Petitioner,
v.
DAVID RIVERA, I.C.E. Field Officer
Director, et al.,
Respondents.
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Case No.: 4:19-cv-00252-LSC-HNJ
MEMORANDUM OPINION
The magistrate judge filed a report on September 23, 2018, recommending
Respondents’ motion to dismiss be granted and the petition be dismissed as moot
based on Petitioner’s removal to the Dominican Republic. (Doc. 18). Although the
magistrate judge advised Petitioner of his right to file specific written objections
within fourteen (14) days, no objections have been received by the court.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, the magistrate judge’s report is hereby
ADOPTED and the recommendation is ACCEPTED. Because Petitioner has been
removed, the court can no longer provide meaningful relief. Thus, the court finds
that the petition for writ of habeas corpus is moot. See Nyaga v. Ashcroft, 323 F.3d 906,
913 (11th Cir. 2003). Accordingly, Respondents’ motion to dismiss (doc. 17) is due to
be granted and the petition is due to be dismissed.
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A separate order will be entered.
DONE and ORDERED on October 10, 2019.
_____________________________
L. Scott Coogler
United States District Judge
160704
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