Mousa A.M. Basheer v. Jennings et al

Filing 14

FINDINGS and RECOMMENDATIONS to Grant Respondent's Motion to Dismiss signed by Magistrate Judge Jeremy D. Peterson on 10/11/2018. Referred to Judge Drozd; Objections to F&R due by 10/29/2018. New Case Number is 1:18-cv-585 DAD-JDP (HC).(Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:18-cv-00585-JDP

MOUSA AL MAHA BASHEER,
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FINDINGS AND RECOMMENDATIONS
TO GRANT RESPONDENT’S MOTION TO
DISMISS

Petitioner,
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v.
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ECF No. 12

DAVID W. JENNINGS, et al.,
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OBJECTIONS, IF ANY, DUE IN 14 DAYS

Respondent.
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ORDER DIRECTING CLERK OF COURT
TO ASSIGN DISTRICT JUDGE

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Petitioner Mousa Al Maha Basheer filed a petition for a writ of habeas corpus under 28

18 U.S.C. § 2241 while detained by the U.S. Bureau of Immigration and Customs Enforcement
19 (“ICE”). ECF No. 1. This court issued an order requiring respondent to file a response to the
20 petition. ECF No. 11.
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Respondent has filed a response that included a motion to dismiss the petition for

22 mootness. ECF No. 12. Respondents state that petitioner has been removed and is no longer in
23 detention. See id. at 1. In support of this contention, respondent has submitted a declaration by
24 Deportation Officer Robert Dutra. See ECF No. 12-1. Petitioner has not responded to the
25 motion to dismiss, and case filings have been returned to the court as undeliverable.
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For these reasons:

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1. The clerk of the court is directed to randomly assign a district judge to this case;

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2. Respondent is directed to mail a copy of these findings and recommendations to

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petitioner at his last known address; and

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3. It is recommended that:

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a. respondent’s motion to dismiss, ECF No. 12, be granted;

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b. the petition for writ of habeas corpus, ECF No. 1, be denied as moot; and

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c. the clerk be directed to close this case.
These findings and recommendations will be submitted to the U.S. district judge

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7 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen
8 (14) days of service of these findings and recommendations, plaintiff may file written
9 objections with the court. If plaintiff files such objections, he should do so in a document
10 captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is
11 advised that failure to file objections within the specified time may result in the waiver of rights
12 on appeal. See Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v.
13 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.

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Dated:

October 11, 2018

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UNITED STATES MAGISTRATE JUDGE

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