Medrano-Ambris v. Kane et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION 17 . That Petitioner's 16 Motion to Voluntarily Dismiss Petition for Writ of Habeas Corpus is GRANTED.That Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1) is DISMISSED without prejudice as moot. Petitioner's 4 Motion for Preliminary Injunction is DENIED as moot. Signed by Judge Paul G Rosenblatt on 3/14/12. (DMT)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Abraham Medrano-Ambris,
Petitioner,
v.
Katrina Kane, et al.,

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Respondents.

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No. 12-CV-00024-PHX-PGR (MHB)

ORDER

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Currently before the Court are Petitioner’s Petition for Writ of Habeas Corpus (Doc.

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1), Motion for Preliminary Injunction (Doc. 4), and Motion to Dismiss Case (Doc. 16), and

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the Amended Report and Recommendation of Magistrate Judge Burns (Doc. 17).

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In his petition, Petitioner argued that his mandatory detention without bond under 8

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U.S.C. § 1226(c) was unlawful and violative of his due process rights. However, in his

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motion to voluntarily dismiss the petition, Petitioner indicated that on February 14, 2012, he

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was granted a bond hearing and ordered released upon the posting of a $10,000 bond.

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Petitioner having been granted the relief sought in his petition, Magistrate Judge

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Burns recommended that Petitioner’s voluntary motion to dismiss be granted. The Court

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agrees.

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Accordingly, after reviewing de novo the Report and Recommendation of Magistrate
Judge Burns,
IT IS HEREBY ORDERED that the Magistrate Judge’s Report and
Recommendation (Doc. 17) is ACCEPTED and ADOPTED by the Court.

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IT IS FURTHER ORDERED that Petitioner’s Motion to Voluntarily Dismiss
Petition for Writ of Habeas Corpus (Doc. 16) is GRANTED.
IT IS FURTHER ORDERED that Petitioner’s Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241 (Doc. 1) is DISMISSED without prejudice as moot.
IT IS FURTHER ORDERED that Petitioner’s Motion for Preliminary Injunction
(Doc. 4) is DENIED as moot.
DATED this 14th day of March, 2012.

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