Sotomayor-Rodriguez v. On Habeas Corpus
Filing
9
FINDINGS and RECOMMENDATIONS to Grant Respondent's Motion to Dismiss 6 ; ORDER Directing Clerk of Court to Assign District Judge - CASE ASSIGNED to Chief Judge Lawrence J. O'Neill and Magistrate Judge Jeremy D. Peterson. New Case No. 1:18-cv-01721 LJO JDP (HC), signed by Magistrate Judge Jeremy D. Peterson on 10/11/2018: 14-Day Deadline. (Hellings, J)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
FOR THE EASTERN DISTRICT OF CALIFORNIA
8
9
Case No. 1:17-cv-01721-JDP
EMILIO SOTOMAYOR-RODRIGUEZ,
10
FINDINGS AND RECOMMENDATIONS
TO GRANT RESPONDENT’S MOTION TO
DISMISS
Petitioner,
11
v.
12
ECF No. 6
ON HABEAS CORPUS,
13
OBJECTIONS, IF ANY, DUE IN 14 DAYS
Respondent.
14
ORDER DIRECTING CLERK OF COURT
TO ASSIGN DISTRICT JUDGE
15
16
17
18
19
20
21
22
23
24
25
26
27
Petitioner Mousa Emilio Sotomayor-Rodriguez filed a petition for a writ of habeas
corpus under 28 U.S.C. § 2241 while detained by the U.S. Bureau of Immigration and Customs
Enforcement (“ICE”). The court issued an order requiring respondent to file a response to the
petition. ECF No. 5.
Respondent has filed a response to that included a motion to dismiss the petition for
mootness. ECF No. 6. Respondents state that petitioner has been released on bond and is no
longer in detention. See id. at 1. In support of this contention, respondent has submitted a copy
of an ICE order of supervision, dated April 9, 2018. See ECF No. 6-1. Petitioner has not
responded to the motion to dismiss and case filings have been returned to the court as
undeliverable.
For these reasons:
1. The clerk of the court is directed to randomly assign a district judge to this case;
28
1
2. Respondent directed to mail a copy of these findings and recommendations to
1
petitioner at his last known address; and
2
3. It is recommended that:
3
4
a. respondent’s motion to dismiss, ECF No. 6, be granted;
5
b. the petition for writ of habeas corpus, ECF No. 1, be denied as moot; and
6
c. the clerk be directed to close this case.
7
These findings and recommendations will be submitted to the U.S. district judge
8
assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen
9
(14) days of service of these findings and recommendations, plaintiff may file written
10
objections with the court. If plaintiff files such objections, he should do so in a document
11
captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is
12
advised that failure to file objections within the specified time may result in the waiver of rights
13
on appeal. See Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v.
14
Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
15
16
IT IS SO ORDERED.
17
Dated:
October 11, 2018
18
UNITED STATES MAGISTRATE JUDGE
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?