Najera-Diaz v. Lynch et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION. Magistrate Judge Eileen S Willet's Report and Recommendation 18 is accepted and adopted by the Court; the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 1 and this action are dismissed as moot; a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied; the Clerk shall terminate this action. Signed by Judge Steven P Logan on 1/29/16. (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,

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Petitioner,
vs.

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Loretta E. Lynch, et al.,
Respondents.

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No. CV-15-01360-PHX-SPL (ESW)
ORDER

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On July 17, 2015, Petitioner Constantino Najera-Diaz, through counsel, filed a

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Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1). On October

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21, 2015, Respondents filed a notice indicating that the Department of Homeland

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Security had released Petitioner from custody on October 14, 2015, and that this case was

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therefore moot. (Doc. 15.) Petitioner then moved to dismiss this case on that basis. (Doc.

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17.) United States Magistrate Judge Eileen S. Willet has issued a Report and

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Recommendation (“R&R”) recommending that the Court grant Petitioner’s motion and

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dismiss the petition. (Doc. 18.)

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Judge Willet advised the parties that they had fourteen (14) days to file objections

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to the R&R. (Doc. 18 at 2, citing Fed. R. Civ. P. 72; United States v. Reyna-Tapia, 328

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F.3d 1114, 1121 (9th Cir. 2003).) However, having reviewed the record de novo, and

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finding both parties have asked that this case be disposed of for the very same reason, the

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Court will adopt the R&R without further delay and dismiss the petition as moot. See 28

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U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole

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or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P.

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72(b)(3) (“The district judge may accept, reject, or modify the recommended disposition;

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receive further evidence; or return the matter to the magistrate judge with instructions.”).

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Accordingly,

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IT IS ORDERED:

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1.

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That Magistrate Judge Eileen S. Willet’s Report and Recommendation

(Doc. 18) is accepted and adopted by the Court;
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That the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241

(Doc. 1) and this action are dismissed as moot;
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That a certificate of appealability and leave to proceed in forma pauperis on

appeal are denied; and

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That the Clerk of Court shall terminate this action.

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Dated this 29th day of January, 2016.

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Honorable Steven P. Logan
United States District Judge

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