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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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KEVIN GRAY HUTCHINGS,
Petitioner,

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vs.

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CRAIG APKER,
Respondent.

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No. CV 12-268-TUC-CKJ
ORDER

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Pending before the Court is Petitioner’s Petition under 28 U.S.C. § 2241 for a Writ of
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Habeas Corpus by a Person in Federal Custody. Also pending before the Court is
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Respondent's Motion to Dismiss Because of Death of Petitioner (Doc. 10).
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On December 10, 2012, Magistrate Judge Hector C. Estrada issued a Report and
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Recommendation (Doc. 11) in which he recommended the Motion to Dismiss be granted and
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the Petition under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in Federal
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Custody be dismissed. The magistrate judge advised the parties that any written objections
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were to be served and filed within 14 days of being served with a copy of the Report and
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Recommendation. No objections to the Report and Recommendation have been filed.
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After an independent review, the Court finds dismissal is appropriate.
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Accordingly, IT IS ORDERED:
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1.

The Report and Recommendation (Doc. 11) is ADOPTED.

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The Motion to Dismiss Because of Death of Petitioner (Doc. 10) is GRANTED.

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3.

The Amended Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 is

DISMISSED as moot.
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The Clerk of the Court shall enter judgment and shall then close its file in this

matter.
DATED this 2nd day of January, 2013.

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