Bagat v. Carter et al

Filing 13

ORDER adopting the Report and Recommendation in this matter (Doc. 11 ); IT IS FURTHER ORDERED denying as moot and dismissing without prejudice the Petition (Doc. 1 ). IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly and close this case. Signed by Judge John J Tuchi on 1/28/2016. (KMG)

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NOT FOR PUBLICATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Kon Bagat,

No. CV-15-01373-PHX-JJT
Petitioner,

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v.

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ORDER

Albert Carter, et al.,

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Respondents.

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At issue is the Report and Recommendation (“R&R”)(Doc. 11) submitted by

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United States Magistrate Judge John Z. Boyle recommending that the Petition for Writ of

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Habeas Corpus pursuant to 28 U.S.C. Section 2241 in this matter (Doc. 1) be denied as

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moot and the matter be dismissed without prejudice. Petitioner Kon Bagat filed no

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Objection thereto and the time for doing so has now passed. Respondents Albert Carter

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and Michael J. Donahue had filed a Notice of Petitioner’s Release and Suggestion of

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Mootness (Doc. 10) on September 11, 2015, in which they urge the conclusion Judge

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Boyle now recommends.

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In his Petition, Petitioner sought release from DHS-ICE detention under an order

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of supervision. On September 4, 2015, ICE released him under an order of supervision.

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Upon review, the Court concludes that Petitioner has received the relief he sought under

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his Petition and that the release is unlikely to be revoked absent a change in

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circumstances. Accordingly, it will follow the recommendation of the R&R and dismiss

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the petition without prejudice.

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IT IS ORDERED adopting the Report and Recommendation in this matter
(Doc. 11);
IT IS FURTHER ORDERED denying as moot and dismissing without prejudice
the Petition (Doc. 1).
IT IS FURTHER ORDERED that the Clerk shall enter judgment accordingly
and close this case.

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Dated this 28th day of January, 2016.

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Honorable John J. Tuchi
United States District Judge

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