Diao v. Lucero et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION - 13 Report and Recommendation. The petitioner's Petition Under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal Custody is denied as moot and that this action is dismissed without prejudice. The Clerk shall enter judgment accordingly. Signed by Senior Judge Paul G Rosenblatt on 5/23/17. (DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Mahmadane Diao,
Petitioner,

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vs.
Enrique Lucero, et al.,
Respondents.

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No. CV-16-02909-PHX-PGR (MHB)
ORDER

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Having reviewed de novo the Report and Recommendation of Magistrate

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Judge Burns notwithstanding that no party has filed an objection to the Report and

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Recommendation, the Court finds that the Magistrate Judge correctly concluded that

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the petitioner’s habeas petition, filed pursuant to 28 U.S.C. § 2241, wherein the

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petitioner sought his release from immigration detention pending the completion of

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his removal to Senegal, should be denied as moot because the petitioner was

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removed to Senegal on March 4, 2017. Therefore,

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IT IS ORDERED that the petitioner’s Petition Under 28 U.S.C. § 2241 for a

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Writ of Habeas Corpus by a Person in Federal Custody is denied as moot and that

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this action is dismissed without prejudice.

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IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment

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accordingly.
DATED this 23rd day of May, 2017.

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