Padilla v. Lucero et al

Filing 36

ORDER dismissing the 1 Petition for Writ of Habeas Corpus as moot. IT IS FURTHER ORDERED denying as moot Petitioner's 32 Motion to Expedite Decision. The Clerk is directed to enter judgment accordingly. Signed by Senior Judge Susan R Bolton on 10/18/2018. (ATD)

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1 NOT FOR PUBLICATION 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Manuel Ceballos Padilla, Petitioner, 10 11 ORDER v. 12 No. CV-18-00121-PHX-SRB Enrique M. Lucero, et al., 13 Respondents. 14 Petitioner, Manuel Ceballos Padilla, filed his Petition for Writ of Habeas Corpus 15 on January 12, 2018. Respondents filed a response on February 20, 2018 and Petitioner 16 filed a reply on March 13, 2018. 17 The Magistrate Judge filed her Report and Recommendation on September 6, 18 2018 recommending that Petitioner’s Petition for Writ of Habeas Corpus pursuant to 28 19 U.S.C. § 2241 be denied. Also on September 6, 2018 Petitioner filed a Motion to Expedite 20 Decision. On September 19, 2018 Petitioner filed timely written objections to the Report 21 and Recommendation of the Magistrate Judge. On October 2, 2018, Respondents’ filed a 22 Notice of Petitioner’s Removal and Suggestion of Mootness advising the Court that 23 Petitioner was removed to Mexico on September 21, 2018. Attached to the Notice are 24 documents confirming Petitioner’s removal through the Nogales Arizona Port of Entry on 25 September 21, 2018. 26 The Court finds the Petition for Writ for Writ of Habeas Corpus to be moot as 27 Petitioner is no longer in custody. 28 ... 1 IT IS ORDERED dismissing the Petition for Writ of Habeas Corpus as moot. 2 IT IS FURTHER ORDERED denying as moot Petitioner’s Motion to Expedite 3 4 Decision. (Doc. 32). IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly. 5 6 Dated this 18th day of October, 2018. 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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