Chow v. Kane

Filing 14

ORDER that the 13 Report and Recommendations is accepted. The Petition for Writ of Habaes Corpus 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 05/05/11. (ESL)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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No. CV10-2391 PHX DGC (DKD)

Kin Sing Chow,
Petitioner,

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vs.

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ORDER

Katrina S. Kane,
Respondent.

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Petitioner Kin Sing Chow has filed a petition for writ of habeas corpus pursuant to

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28 U.S.C. § 2241. Doc. 1. United States Magistrate Judge David K. Duncan has issued a

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report and recommendation (“R&R”) recommending that the petition be dismissed as

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moot. Doc . 13. No objection has been filed, which relieves the Court of its obligation to

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review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn,

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474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.

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2003). The Court will accept the R&R and dismiss the petition.

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IT IS ORDERED:

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1.

The R&R (Doc. 13) is accepted.

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2.

The petition for writ of habeas corpus (Doc. 1) is dismissed as moot.

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3.

A certificate of appealability and leave to proceed in forma pauperis on

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appeal are denied

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The Clerk is directed to terminate this action.

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Dated this 5th day of May, 2011.

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