Amid v. Kane

Filing 21

ORDER ACCEPTING REPORT AND RECOMMENDATION 20 . Petitioner's Petition for Writ of Habeas Corpus is denied and dismissed, without prejudice, and the Clerk of the Court shall enter judgment accordingly. Signed by Judge James A Teilborg on 3/26/12. (TLJ)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Mohamad Ruhul Amid,
Petitioner,

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vs.

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Katrina Kane, et al.,
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Respondents.
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No. CV 11-0924-PHX-JAT
ORDER

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

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pursuant to 28 U.S.C. § 2241. At the time he filed his Petition (May 9, 2011), Petitioner was

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in immigration detention awaiting removal. On February 15, 2012, the Magistrate Judge

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issued a Report and Recommendation (“R&R”) (Doc. 20) recommending that the Petition

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be denied as moot because Petitioner is no longer in immigration detention.

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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 Report and Recommendation (Doc. 20) is ACCEPTED;

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Petitioner’s Petition for Writ of Habeas Corpus is denied and dismissed, without prejudice,

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and the Clerk of the Court shall enter judgment accordingly.

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DATED this 26th day of March, 2012.

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