Mirza v. Kane

Filing 12

ORDER the 6 Report and Recommendation is accepted. The petition for writ of habeas corpus Dkt. # 1 is dismissed 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 6/11/10. (KMG)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Mushebaig Jehangirbaig Mirza, Petitioner, v. Katrina Kane, Respondent.

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No. CV10-0617-PHX-DGC (DKD) ORDER

Petitioner Mushebaig Jehangirbaig Mirza has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Dkt. #1. United States Magistrate Judge David K. Duncan has issued a report and recommendation ("R&R") recommending that the petition be dismissed as moot. Dkt. #6. On May 26, 2010, the government filed a Suggestion of Mootness, notifying the Court that Mirza had been released from custody on an Order of Supervision on March 25, 2010 (Dkt. #5). 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 dismiss the petition as moot. IT IS ORDERED: 1. 2. 3. The R&R (Dkt. #6) is accepted. The petition for writ of habeas corpus (Dkt. #1) is dismissed as moot. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied

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The Clerk is directed to terminate this action.

DATED this 11th day of June, 2010.

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