Singh v. Secretary of the Department of Homeland Security et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION; accepting and adopting as an Order of this Court Magistrate Judge Duncan's Report and Recommendation 13 ; dismissing without prejudice the Amended Petition Under 28 U.S.C. 2241 for a Writ of Habeas Corpus by a Person in Federal Custody 4 ; the Clerk shall terminate this action and enter judgment accordingly. Signed by Judge Diane J Humetewa on 11/15/16. (REW)

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NOT FOR PUBLICATION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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Salwinder Singh,

No. CV-16-00790-PHX-DJH

Petitioner,

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v.

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ORDER

Secretary of the Department of Homeland
Security, et al.,

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Respondents.
This matter is before the Court on Petitioner’s Amended Petition for Writ of

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Habeas Corpus pursuant to 28 U.S.C. §

2241 (Doc. 4) and the Report and

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Recommendation (“R & R”) issued on October 31, 2016, by United States Magistrate

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Judge David K. Duncan (Doc. 13). Since the filing of his Petition, Petitioner has received

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the relief he sought therein, i.e., he received a second bond hearing and has been released

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from custody. Therefore, in its response to the Amended Petition, Respondents filed a

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Notice of Release and Suggestion of Mootness.

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Amended Petition should be denied as moot insofar as it challenged [petitioner] Singh’s

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continued detention, and should be denied for lack of jurisdiction insofar as it challenged

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and/or sought review of [his] credible fear claims.” (Doc. 12 at 4:15-18).

Respondents “suggest[ed] that the

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Agreeing with Respondents, that the “Court did not have jurisdiction to order a

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second credible fear hearing[,]” and that Petitioner had “received all of the relief that this

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Court could have ordered[,]” Judge Duncan recommended dismissing the Amended

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Petition as moot. (Doc. 13 at 1:19-23).

Not surprisingly, Petitioner did not file any

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specific written objections to the R & R, as he was entitled to do, and the time to do so

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has passed.

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

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recommendations in the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1989) (The

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relevant provision of the Federal Magistrates Act, 28 U. relevant provision of the Federal

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

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. . . of any issue that is not the subject of an objection.”); United States v. Reyna-Tapia,

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

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

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properly objected to.”). Nonetheless, the Court has reviewed the R&R and agrees with

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its recommendation. The Court will, therefore, accept the R&R, and dismiss the Petition

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as moot and without prejudice. See 28 U.S.C. § 636(b)(1)(C) (“A judge of the court may

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accept, reject, or modify, in whole or in part, the findings or recommendations made by

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the magistrate judge.”); 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 Duncan's R & R (Doc. 13);

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IT IS FURTHER ORDERED DISMISSING WITHOUT PREJUDICE the

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Amended Petition Under 28 U.S.C. 2241 for a Writ of Habeas Corpus by a Person in

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Federal Custody (Doc. 4); and

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IT IS FINALLY ORDERED that the Clerk of Court shall terminate this action
and enter judgment accordingly.
Dated this 15th day of November, 2016.

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Honorable Diane J. Humetewa
United States District Judge

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