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