Sanchez-Lopez v. Napolitano, et al.

Filing 13

ORDER the R&R 12 is accepted. The petition for writ of habeas corpus 1 is dismissed with prejudice as moot. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 6/17/10. (TLJ)

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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 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Jorge Sanchez Lopez, ) ) ) Petitioner, ) ) v. ) Katrina Kane, Janet Napolitano, Eric S.) ) Holder, James Kimble, ) ) Respondents. ) No. CV10-0152-PHX-DGC (MEA) ORDER Petitioner Jorge Sanchez Lopez has filed a petition for writ of habeas corpus pursuant to 42 U.S.C. § 2241. Dkt. #1. United States Magistrate Judge Mark E. Aspey has issued a report and recommendation ("R&R") recommending that the petition be dismissed with prejudice as moot. Dkt. #12. No objection has been filed, which relieves the Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and deny the petition. IT IS ORDERED: 1. 2. as moot. 3. are denied A certificate of appealability and leave to proceed in forma pauperis on appeal The R&R (Dkt. #12) is accepted. The petition for writ of habeas corpus (Dkt. #1) is dismissed with prejudice 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 4. The Clerk is directed to terminate this action. DATED this 17th day of June, 2010. -2-

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