Hutchings v. Apker

Filing 13

ORDER granting 10 Motion to Dismiss Because of Death of Petitioner; adopting Report and Recommendations re 11 . The Amended Petition for Writ of Habeas Corpus under 28:2241 is DISMISSED as moot. The Clerk of Court shall enter judgment and shall then close its file in this matter.. Signed by Judge Cindy K Jorgenson on 1/2/2013.(JKM)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE DISTRICT OF ARIZONA 9 10 KEVIN GRAY HUTCHINGS, Petitioner, 11 12 vs. 13 CRAIG APKER, Respondent. 14 ) ) ) ) ) ) ) ) ) ) No. CV 12-268-TUC-CKJ ORDER 15 Pending before the Court is Petitioner’s Petition under 28 U.S.C. § 2241 for a Writ of 16 Habeas Corpus by a Person in Federal Custody. Also pending before the Court is 17 Respondent's Motion to Dismiss Because of Death of Petitioner (Doc. 10). 18 On December 10, 2012, Magistrate Judge Hector C. Estrada issued a Report and 19 Recommendation (Doc. 11) in which he recommended the Motion to Dismiss be granted and 20 the Petition under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal 21 Custody be dismissed. The magistrate judge advised the parties that any written objections 22 were to be served and filed within 14 days of being served with a copy of the Report and 23 Recommendation. No objections to the Report and Recommendation have been filed. 24 After an independent review, the Court finds dismissal is appropriate. 25 Accordingly, IT IS ORDERED: 26 1. The Report and Recommendation (Doc. 11) is ADOPTED. 2. The Motion to Dismiss Because of Death of Petitioner (Doc. 10) is GRANTED. 27 28 1 2 3 4 5 3. The Amended Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 is DISMISSED as moot. 4. The Clerk of the Court shall enter judgment and shall then close its file in this matter. DATED this 2nd day of January, 2013. 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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