Al Amiri v. Kane

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS 14 of the Magistrate Judge as the Order of this Court. The Petition for Writ of Habeas Corpus is dismissed as moot. The Clerk shall enter judgment. Signed by Judge Mary H Murguia on 10/15/08. (LSP)

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, Respondent. Jamal Al Amiri, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) No. CV 08-1160-PHX-MHM (JCG) ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Petitioner, Jamal Al Amiri, filed his Petition for Writ of Habeas Corpus on June 23, 2008. On August 13, 2008, Respondent filed a Suggestion of Mootness advising the Court that Petitioner was released on August 7, 2008. The Magistrate Judge filed her Report and Recommendation on September 26, 2008 recommending that Petitioner's Petition for Writ of Habeas Corpus be dismissed as moot. In her Report and Recommendation the Magistrate Judge advised the parties that they had 10 days from the date of service of a copy of the Report and Recommendation within which to file specific written objections with the Court. The time to file such objections has long since expired and no objections to the Report and Recommendation have been filed. Failure to timely file objections to any factual or legal determination of the Magistrate Judge may be considered a waiver of a party's right to de novo consideration of the issues. See United States v. Reyna-Tapia 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). ///

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After a complete and independent review of the issues presented, the Court finds itself in agreement with the Report and Recommendation of the Magistrate Judge. IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge as the order of this Court [doc. 14]. IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus is dismissed as moot [doc. 1]. IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly. DATED this 15th day of October, 2008.

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