Bello v. Carter et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 17 ) and dismissing as moot the Petition Under 28 U.S.C. 2241 for a Writ of Habeas Corpus by a Person in Federal Custody (Doc. 1 ). The Clerk of Court shall terminate this action and enter judgment accordingly. Signed by Judge Diane J Humetewa on 07/05/2017. (KAS)

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NOT FOR PUBLICATION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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Kamel Bello,

No. CV-16-01992-PHX-DJH
Petitioner,

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v.

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ORDER

Albert Carter, et al.,

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Respondents.

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This matter is before the Court on pro se Petitioner’s Petition for Writ of Habeas

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Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1) and the Report and Recommendation

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(“R&R”) of United States Magistrate Judge David K. Duncan, filed on June 6, 2017.

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(Doc. 17). Because the Government informed the Court that “Petitioner was removed

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from the United States on November 1, 2016[,]” the Magistrate Judge soundly

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recommended dismissal of the petition as moot. (Id. at 1: 16-19).

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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 dismiss 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 Duncan’s R&R (Doc. 17);
IT IS FURTHER ORDERED DISMISSING 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 5th day of July, 2017.

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Honorable Diane J. Humetewa
United States District Judge

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