Tran v. Donahue et al

Filing 16

ORDER - Magistrate Judge David K. Duncan's 11 Report and Recommendation is accepted and adopted by the Court; the 1 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 and this action are dismissed as moot. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk of Court shall terminate this action. Signed by Judge Steven P Logan on 4/24/2018. (ATD)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Thanh Tuan Tran, 9 10 Petitioner, vs. 11 12 Michael J. Donahue, et al., Respondents. 13 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-17-02693-PHX-SPL ORDER 15 Petitioner Thanh Tuan Tran, through counsel, has filed a Petition for Writ of 16 Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1). On March 28, 2018, Petitioner 17 was released from custody, and has requested that the petition be dismissed as moot in 18 accordance with the Report and Recommendation (“R&R”) issued in this case. (Docs. 11, 19 14.) Accordingly, 20 IT IS ORDERED: 21 1. 22 (Doc. 11) is accepted and adopted by the Court; 2. 23 24 That Magistrate Judge David K. Duncan’s Report and Recommendation That the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1) and this action are dismissed as moot; 3. 25 That a certificate of appealability and leave to proceed in forma pauperis on 26 appeal are denied; and 27 /// 28 /// 1 4. That the Clerk of Court shall terminate this action. 2 Dated this 24th day of April, 2018. 3 4 Honorable Steven P. Logan United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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