Qalinle v. Donahue

Filing 15

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)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Abdihakiin Ahmed Qalinle,
Petitioner,

10
11

ORDER

v.

12

No. CV-15-02190-PHX-DJH

Michael Donahue,

13

Respondent.

14
15

This matter is before the Court on Petitioner’s Petition Under 28 U.S.C. § 2241 for

16

a Writ of Habeas Corpus by a Person in Federal Custody (Doc. 1), and the Report and

17

Recommendation (“R&R”) issued on January 29, 2016, by United States Magistrate

18

Judge Bridget S. Bade (Doc. 14).

19

During the pendency of the Petition, Respondent notified the Court that on

20

November 6, 2015, Petitioner had been released from the custody of the United States

21

Immigration and Customs Enforcement ("ICE") agency. (Doc. 14 at 2:7-8) (citation

22

omitted). After Respondent filed a Notice to Court and Suggestion of Mootness based

23

upon Petitioner's release from ICE custody, the Magistrate Judge issued an Order to

24

Show Cause, requiring Petitioner to file a response thereto showing why his Petition

25

should not be dismissed as moot. (Id. at 2:10-12) (citation and footnote omitted).

26

Doc. 16. When Petitioner did not respond, and because Petitioner had been granted the

27

relief he sought in his Petition, the Magistrate Judge soundly reasoned that his release

28

mooted the Petition.

(Id. at 2:15-3:20).

See

On this basis, the Magistrate Judge

1

recommended denying the Petition as moot. (Id. at 3:23-24).

2

The parties have not filed objections and the time to do so has expired. Absent

3

any objections, the Court is not required to review the findings and recommendations in

4

the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1989) (The relevant provision of the

5

Federal Magistrates Act, 28 U.S.C. § 636(b)(1)(C), “does not on its face require any

6

review at all . . . of any issue that is not the subject of an objection.”); United States v.

7

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (same); Fed.R.Civ.P. 72(b)(3) (“The

8

district judge must determine de novo any part of the magistrate judge’s disposition that

9

has been properly objected to.”).

10

Nonetheless, the Court has reviewed the R&R and agrees with its

11

recommendation. The Court will, therefore, accept the R&R, and deny the Petition as

12

moot. See 28 U.S.C. § 636(b)(1)(C) (“A judge of the court may accept, reject, or modify,

13

in whole or in part, the findings or recommendations made by the magistrate judge.”);

14

Fed.R.Civ.P. 72(b)(3) (same).

15

Accordingly,

16

IT IS ORDERED ACCEPTING AND ADOPTING as an Order of this Court

17
18
19
20
21
22

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.

23
24
25
26

Honorable Diane J. Humetewa
United States District Judge

27
28

-2-