Sot v. Kane

Filing 20

ORDER ACCEPTING REPORT AND RECOMMENDATION 18 ; and the Clerk of the Court shall enter judgment of dismissal because Petitioner is no longer in custody. Signed by Judge James A Teilborg on 5/24/11. (TLJ)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Sot Mok,
Petitioner,

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vs.

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Katrine Kane,
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Respondent.
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No. CV 10-1755-PHX-JAT
ORDER

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Pending before the Court is Petitioner’s Petition for Writ of Habeas Corpus

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(“Petition”) (Doc. 1) filed pursuant to 28 U.S.C. § 2241. The Magistrate Judge issued a

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Report and Recommendation (“R&R”) (Doc. 18) recommending that the Petition be

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dismissed as moot.

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Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts

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the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not

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required to conduct “any review at all . . . of any issue that is not the subject of an objection”

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(emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en

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banc) (“statute makes it clear that the district judge must review the magistrate judge’s

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findings and recommendations de novo if objection is made, but not otherwise” (emphasis

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in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).

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Based on the foregoing,

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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc. 18)

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is ACCEPTED; and the Clerk of the Court shall enter judgment of dismissal because

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Petitioner is no longer in custody.

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DATED this 24th day of May, 2011.

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