Romero-Lopez v. Sessions et al

Filing 19

ORDER ACCEPTING 18 Magistrate Judge Eileen S. Willet's Report and Recommendation. Petitioner's Motion to Dismiss (Doc. 15 ) is granted. The Petition (Doc. 1 ) and Petitioner's Motion for Preliminary Injunction (Doc. 3 ) is dismissed as moot. The Clerk of Court must enter judgment accordingly and close this case. Signed by Judge Steven P Logan on 2/28/18. (EJA)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Roberto Romero-Lopez,

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No. CV-18-00161-PHX-SPL

Petitioner,

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v.

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Jeff B. Sessions, et al.,

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ORDER

Respondents.

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On January 16, 2018, Petitioner Roberto Romero-Lopez, who was then confined

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in the Eloy Detention Center, filed, through counsel, a Petition for Writ of Habeas Corpus

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pursuant to 28 U.S.C. § 2241 (Doc. 1), paid the filing fee, and sought a Temporary

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Restraining Order and a Preliminary Injunction (Doc. 3). By Order dated January 18, the

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Court denied Petitioner’s request for a Temporary Restraining Order, but directed

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Respondents to answer the Petition and respond to the Motion for Preliminary Injunction

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on an expedited basis. On February 1, however, Petitioner filed a Motion to Dismiss

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(Doc. 15) on the basis that he had been granted a voluntary departure on January 31,

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2018, and the matter was now moot. On February 8, 2018, the referred Magistrate Judge

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filed a Report and Recommendation (R&R) (Doc. 18) recommending that the Motion to

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Dismiss be granted, and that the matter be dismissed as moot. No party has objected to

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the R&R. Further, on its own review of the record, the Court will accept the R&R.

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Petitioner’s Motion to Dismiss will be granted, and the Petition and Motion for

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Preliminary Injunction will be dismissed as moot.

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IT IS ORDERED:

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(1)

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Magistrate Judge Eileen S. Willet’s Report and Recommendation (Doc. 18)

is accepted.

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(2)

Petitioner’s Motion to Dismiss (Doc. 15) is granted.

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(3)

The Petition (Doc. 1) and Petitioner’s Motion for Preliminary Injunction

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(Doc. 3) is dismissed as moot.

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(4)

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Dated this 28th day of February, 2018.

The Clerk of Court must enter judgment accordingly and close this case.

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Honorable Steven P. Logan
United States District Judge

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