DePaz v. DHO ICE

Filing 8

ORDER Directing Clerk of Court to Assign District Judge; FINDINGS and RECOMMENDATIONS recommending that 7 Respondent's Motion to Dismiss be GRANTED re 1 Petition for Writ of Habeas Corpus signed by Magistrate Judge Jeremy D. Peterson on 9 /2/2018. This case has been assigned to District Judge Dale A. Drozd and Magistrate Judge Jeremy D. Peterson. The new case number is 1:18-cv-00820-DAD-JDP (HC). Referred to Judge Drozd. Objections to F&R due within fourteen (14) days. (Jessen, A)

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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-00820-JDP

RAFAEL FRANCISCO DEPAZ,
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FINDINGS AND RECOMMENDATIONS
TO GRANT RESPONDENT’S MOTION TO
DISMISS

Petitioner,
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v.
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(Doc. No. 7.)

DHS ICE,
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OBJECTIONS, IF ANY, DUE IN 14 DAYS
Respondent.

ORDER DIRECTING CLERK OF COURT
TO ASSIGN DISTRICT JUDGE

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Petitioner Rafael Francisco DePaz was detained by the U.S. Bureau of Immigration and
Customs Enforcement (“ICE”) at the time he filed a petition for a writ of habeas corpus under
28 U.S.C. § 2241. This court issued an order to show cause requiring respondent to show cause
why DePaz should not be released immediately from ICE custody. (Doc. No. 3.)
Respondent has filed a response to that included a motion to dismiss the petition for
mootness. (Doc. No. 7.) Respondent states that DePaz has been released from custody under
an order of an immigration judge. (See id. at 1.) In support of this contention, respondent has
submitted a copy of the order of the immigration judge dated July 26, 2018. (Doc. No. 7-1.)
DePaz has not responded to the motion to dismiss.
For these reasons:
1. The order to show cause (Doc. No. 3) is discharged;
2. The clerk of the court is directed to assign a district judge to this case;

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3. 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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4. It is recommended that:

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a. respondent’s motion to dismiss (Doc. No. 7) be granted;

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b. the petition for writ of habeas corpus (Doc. No. 1) be denied as moot; and

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c. the clerk be directed to close this case.
All motions must be submitted on the record, and briefs must be filed without oral

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8 argument unless otherwise ordered by the court. See Local Rule 230(l). The court will grant
9 extensions only upon a showing of good cause. If a party requires an extension, that party
10 should file a motion for amendment of the schedule before the relevant deadline has passed and
11 should explain in detail why an extension is required. Local Rule 110 applies to this order.
12 These findings and recommendations will be submitted to the U.S. district judge assigned to the
13 case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen (14) days of
14 service of these findings and recommendations, plaintiff may file written objections with the
15 court. If plaintiff files such objections, he should do so in a document captioned “Objections to
16 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file
17 objections within the specified time may result in the waiver of rights on appeal. See Wilkerson
18 v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391,
19 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.

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Dated:

September 2, 2018

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UNITED STATES MAGISTRATE JUDGE

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