Brezilien v. Kane

Filing 13

ORDER adopting 12 Report and Recommendations; granting 11 Motion to Dismiss Case. Petitioner's petition for writ of habeas corpus be dismissed as moot and that the Clerk shall enter judgment accordingly and terminate this action. Signed by Judge Earl H Carroll on 12/09/08.(DNH)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. Katrina Kane, Defendant. Jean Yves Brezilien, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) No. CV 07-779-PHX-EHC (JM) ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA On November 25, 2008, Magistrate Judge Jacqueline Marshall issued a Report and Recommendation ("Recommendation"), regarding Respondent's Motion to Dismiss. (Dkt. 12). In the Motion to Dismiss, Respondent argues that this case should be dismissed because the relief requested in the petition has been granted, rendering this case moot. (Dkt. 11.) Petitioner did not respond to Respondent's motion. The Magistrate Judge recommends that this case be dismissed as moot. Petitioner did not file a Response or Objection to the Recommendation. A district court judge reviews a report and recommendation of a magistrate judge de novo. See 28 U.S.C. 636(b)(1)(c) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge"). The Court, having considered the Respondent's Motion to Dismiss and the Magistrate 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Judge's Recommendation, adopts the Recommendation and incorporates the same as part of this Order. Accordingly, IT IS ORDERED adopting the Magistrate Judge's Report and Recommendation (Dkt. 12). IT IS FURTHER ORDERED that Respondent's Motion to Dismiss (Dkt. 11) is granted. IT IS FURTHER ORDERED that Petitioner's petition for writ of habeas corpus be dismissed as moot and that the Clerk of the Court shall enter judgment accordingly and terminate this action. DATED this 9th day of December, 2008. -2-

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