Taylor v. Apker

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION 14 . Clerk of the Court to enter judgment dismissing Petitioner's Petition for Writ of Habeas Corpus 1 as moot. The Clerk shall terminate this action. Signed by Judge Neil V Wake on 6/8/09. (DMT, )

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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. Ricardo E. Chavez, Respondent. William H. Taylor, Petitioner, ) ) ) ) ) ) ) ) ) ) ) No. CV 08-1032 PHX-NVW (DKD) ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Before the court is Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 (doc. #1). On May 15, 2009, United States Magistrate Judge Duncan issued a Report and Recommendation ("R & R") (doc. # 14) in accordance with 28 U.S.C. 636(b)(1)(B). The R & R recommended that the petition be dismissed as moot. No objections were filed. The court has reviewed the R & R and agrees with the magistrate judge's determinations. Accordingly, the court will accept the R & R and dismiss the Petition for Writ of Habeas Corpus. See 28 U.S.C. 636(b)(1) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge"). IT IS THEREFORE ORDERED accepting the Report and Recommendation of Magistrate Judge Duncan (doc. #14). 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 IT IS FURTHER ORDERED that Clerk of the Court enter judgment dismissing Petitioner's Petition for Writ of Habeas Corpus (doc. #1) as moot. The Clerk shall terminate this action. DATED this 8th day of June, 2009. -2-

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