Tall v. Crawford

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS - 21 Magistrate Judge's Report and Recommendation is accepted. Petitioner Elimane Tall's petition for writ of habeas corpus is dismissed as moot. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 12/16/08. (LSP)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Petitioner, ) ) vs. ) Phillip Crawford, Field Office Director, ) ) Bureau of Immigration and Customs ) Enforcement, Eloy, Arizona Unit, ) ) Respondent. ) ) Elimane Tall,

No. CV-07-0004-PHX-DGC (JJM) ORDER

Petitioner Elimane Tall has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Dkt. #1. The petition asserts that Petitioner's continued detention by federal immigration authorities is unlawful. Id. at 3. On September 23, 2008, Respondent filed a notice indicating that the petition is moot because Petitioner was deported to Dakar, Senegal on July 10, 2008. Dkt. #20. On November 12, 2008, United States Magistrate Judge Jacqueline Marshall issued a report and recommendation ("R&R") recommending that the petition be dismissed as moot in light of Respondent's notice. Dkt. #21. Petitioner has not filed an objection to the R&R and the time for doing so has expired. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The Court accordingly will accept the R&R and dismiss the petition as moot. See Fed. R. Civ. P. 73(b)(3) ("The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to."); see also Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

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IT IS ORDERED: 1. 2. The Magistrate Judge's report and recommendation (Dkt. #21) is accepted. Petitioner Elimane Tall's petition for writ of habeas corpus (Dkt. #1) is dismissed as moot. 3. The Clerk is directed to terminate this action.

DATED this 16th day of December, 2008.

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