Najera-Diaz v. Lynch et al
Filing
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REPORT AND RECOMMENDATION, recommending that the Court grant Petitioner's Motion to Dismiss as Moot 17 ; recommending that the Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 1 be dismissed as moot; recommending the Court direct the Clerk to enter judgment accordingly. Signed by Magistrate Judge Eileen S Willett on 1/27/16. (REW)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Constantino Najera-Diaz,
Petitioner,
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v.
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No. CV-15-01360-PHX-SPL (ESW)
REPORT AND
RECOMMENDATION
Loretta E. Lynch, et al.,
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Respondents.
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On July 17, 2015, Petitioner Constantino Najera-Diaz (“Petitioner”) filed a
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Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. 1) (the “Petition”)
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seeking release from custody of U.S. Immigration and Customs Enforcement.
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October 21, 2015, the Government filed a “Notice to Court and Suggestion of Mootness”
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(Doc. 15) indicating that Petitioner was released from custody on October 14, 2015. The
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Court ordered Petitioner to respond to the Notice. (Doc. 16). On January 25, 2016,
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Petitioner filed a “Motion to Dismiss as Moot” (Doc. 17). Petitioner requests that the
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Court dismiss the Petition on the ground that U.S. Immigration and Customs
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Enforcement has released Petitioner. The undersigned finds that the case is now moot.
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Accordingly,
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On
IT IS RECOMMENDED that the Court grant Petitioner’s “Motion to Dismiss as
Moot” (Doc. 17).
IT IS FURTHER RECOMMENDED that the Petition for Writ of Habeas
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Corpus under 28 U.S.C. § 2241 (Doc. 1) be dismissed as moot.
IT IS FURTHER RECOMMENDED that the Court direct the Clerk of Court to
enter judgment accordingly.
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EFFECT OF RECOMMENDATION
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This recommendation is not an order that is immediately appealable to the Ninth
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Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules
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of Appellate Procedure, should not be filed until entry of the district court’s judgment.
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However, pursuant to Rule 72(b), Fed. R. Civ. P., the parties shall have fourteen
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days from the date of service of a copy of this recommendation within which to file
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specific written objections with the Court. Thereafter, the parties have fourteen days
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within which to file a response to the objections. Failure to file timely objections to any
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factual determinations of the Magistrate Judge may be considered a waiver of a party’s
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right to appellate review of the findings of fact in an order or judgment entered pursuant
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to the Magistrate Judge’s recommendation. See United States v. Reyna-Tapia, 328 F.3d
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1114, 1121 (9th Cir. 2003); Robbins v. Carey, 481 F.3d 1143, 1146-47 (9th Cir. 2007).
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Dated this 27th day of January, 2016.
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