Vallejo v. Benov

Filing 18

ORDER Re: FINDINGS AND RECOMMENDATIONS (Doc. 17 ), ORDER Granting Respondent's Motion To Dismiss The First Amended Petition As Moot (Doc. 16 ), ORDER Dismissing The First Amended Petition For Writ Of Habeas Corpus As Moot (Doc. 8 ) And Directing The Clerk To Close The Case, signed by District Judge Anthony W. Ishii on 7/23/2014. CASE CLOSED. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 NICOLAS REYES VALLEJO,

Case No. 1:13-cv-00382-AWI-BAM-HC

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ORDER RE: FINDINGS AND
RECOMMENDATIONS (DOC. 17)

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Petitioner,

ORDER GRANTING RESPONDENT’S MOTION
TO DISMISS THE FIRST AMENDED
PETITION AS MOOT (DOC. 16)

v.

15 MICHAEL L. BENOV,
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Respondent.

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ORDER DISMISSING THE FIRST AMENDED
PETITION FOR WRIT OF HABEAS CORPUS
AS MOOT (DOC. 8) AND DIRECTING THE
CLERK TO CLOSE THE CASE

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Petitioner is a federal prisoner proceeding pro se and in forma

20 pauperis with a petition for writ of habeas corpus pursuant to 28
21 U.S.C. § 2241.

The matter was referred to the Magistrate Judge

22 pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 through 304.

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On June 3, 2014, the Magistrate Judge filed findings and

24 recommendations to grant Respondent’s motion to dismiss the
25 petition, dismiss the petition as moot, and direct the clerk to
26 close the action.

The findings and recommendations were served on

27 the parties on the same date.

The findings and recommendations

28 informed the parties that objections could be filed within thirty
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1 (30) days of service, and replies to objections within fourteen days
2 after the filing of objections.

Although the thirty-day period for

3 the filing of objections has passed, no objections have been filed.
4 The copy of the findings and recommendations served by mail on
5 Petitioner was returned on July 2, 2014, as undeliverable.

However,

6 pursuant to Local Rule 182(f), service at the address listed on the
7 docket remains fully effective in the absence of a notification of

8 change of address.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C),

10 this Court has conducted a de novo review of the case.

Having

11 carefully reviewed the entire file, the Court finds that the report
12 and recommendations are supported by the record and proper analysis.
13 Thus, the Court will adopt the findings and recommendations in full.
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Accordingly, it is ORDERED that:

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1) The findings and recommendations filed on June 3, 2014, are

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2) Respondent’s motion to dismiss the petition is GRANTED; and

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3) The petition for writ of habeas corpus is DISMISSED as moot;

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4) The Clerk is DIRECTED to close the case because this

21 dismissal terminates it in its entirety.
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23 IT IS SO ORDERED.
24 Dated: July 23, 2014
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SENIOR DISTRICT JUDGE

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