Kual-Arob v. Kane

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION. The Magistrate Judge's 11 Report and Recommendation is accepted and adopted by the Court; Petitioner's Petition for Writ of Habeas Corpus 1 is denied as moot and dismissed with prejudice; denying as moot Respondent's 10 Motion to Dismiss. Signed by Judge Paul G Rosenblatt on 1/5/10. (REW, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Makale Deng Kual Arob,

) ) Petitioner, ) ) v. ) ) Katrina Kane, ) ) Respondent. ) ____________________________)

CV 09-1132-PHX-PGR (MEA) ORDER

The Court has reviewed de novo the Report and Recommendation of Magistrate Judge Aspey and no party has filed any objection to the Report and Recommendation. Accordingly, IT IS HEREBY ORDERED that the Magistrate Judge's Report and Recommendation (Doc. 11) is ACCEPTED and ADOPTED by the Court.1 IT IS FURTHER ORDERED that petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is DENIED as MOOT and DISMISSED with prejudice. /// /// ///

The petition is moot because no effective relief exists which the Court may grant. Petitioner challenged only the fact of his immigration detention. He did not challenge the terms of his release from detention. He has been released from detention under an order of supervision.
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/// IT IS FURTHER ORDERED that Respondent's Motion to Dismiss based on the same grounds (Doc. 10) is DENIED as MOOT. DATED this 5th day of January, 2010.

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