Qalinle v. Donahue
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATION: accepting and adopting as an Order of this Court Magistrate Judge Bade's 14 Report and Recommendation; denying as moot the Petition Under 28 U.S.C. 2241 for a Writ of Habeas Corpus by a Person in Federal Custody 1 ; the Clerk shall terminate this action and enter judgment accordingly. Signed by Judge Diane J Humetewa on 2/18/16. (REW)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Abdihakiin Ahmed Qalinle,
Petitioner,
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ORDER
v.
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No. CV-15-02190-PHX-DJH
Michael Donahue,
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Respondent.
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This matter is before the Court on Petitioner’s Petition Under 28 U.S.C. § 2241 for
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a Writ of Habeas Corpus by a Person in Federal Custody (Doc. 1), and the Report and
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Recommendation (“R&R”) issued on January 29, 2016, by United States Magistrate
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Judge Bridget S. Bade (Doc. 14).
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During the pendency of the Petition, Respondent notified the Court that on
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November 6, 2015, Petitioner had been released from the custody of the United States
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Immigration and Customs Enforcement ("ICE") agency. (Doc. 14 at 2:7-8) (citation
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omitted). After Respondent filed a Notice to Court and Suggestion of Mootness based
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upon Petitioner's release from ICE custody, the Magistrate Judge issued an Order to
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Show Cause, requiring Petitioner to file a response thereto showing why his Petition
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should not be dismissed as moot. (Id. at 2:10-12) (citation and footnote omitted).
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Doc. 16. When Petitioner did not respond, and because Petitioner had been granted the
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relief he sought in his Petition, the Magistrate Judge soundly reasoned that his release
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mooted the Petition.
(Id. at 2:15-3:20).
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On this basis, the Magistrate Judge
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recommended denying the Petition as moot. (Id. at 3:23-24).
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The parties have not filed objections and the time to do so has expired. Absent
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any objections, the Court is not required to review the findings and recommendations in
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the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1989) (The relevant provision of the
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Federal Magistrates Act, 28 U.S.C. § 636(b)(1)(C), “does not on its face require any
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review at all . . . of any issue that is not the subject of an objection.”); United States v.
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Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (same); Fed.R.Civ.P. 72(b)(3) (“The
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district judge must determine de novo any part of the magistrate judge’s disposition that
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has been properly objected to.”).
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Nonetheless, the Court has reviewed the R&R and agrees with its
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recommendation. The Court will, therefore, accept the R&R, and deny the Petition as
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moot. See 28 U.S.C. § 636(b)(1)(C) (“A judge of the court may accept, reject, or modify,
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in whole or in part, the findings or recommendations made by the magistrate judge.”);
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Fed.R.Civ.P. 72(b)(3) (same).
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Accordingly,
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IT IS ORDERED ACCEPTING AND ADOPTING as an Order of this Court
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Magistrate Judge Bade’s R&R (Doc. 14);
IT IS FURTHER ORDERED DENYING as moot the Petition Under 28 U.S.C.
2241 for a Writ of Habeas Corpus by a Person in Federal Custody (Doc. 1); and
IT IS FINALLY ORDERED that the Clerk of Court shall terminate this action
and enter judgment accordingly.
Dated this 18th day of February, 2016.
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Honorable Diane J. Humetewa
United States District Judge
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