Garcia Alcazar v. Sessions et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 12/6/18 RECOMMENDING that 8 Motion to Dismiss be Granted. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Coll, A)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOSE GARCIA ALCAZAR,
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Petitioner,
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v.
No. 2:17-CV-0282-JAM-DMC-P
FINDINGS AND RECOMMENDATIONS
JEFF SESSIONS, et al.,
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Respondents.
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Petitioner, who is proceeding with retained counsel, brings this petition for a writ
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of habeas corpus pursuant to 28 U.S.C. § 2241 challenging the denial of a custody determination
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pursuant to Diouf v. Napolitano, 634 F.3d 1081 (9th Cir. 2011). Pending before the court is
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respondents’ unopposed motion to dismiss (Doc. 8). The court agrees with respondents’
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unopposed argument that the instant petition is now moot because petitioner has been removed
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from the United States and is no longer in custody. See Picrin-Peron v. Rison, 930 F.2d 773 (9th
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Cir. 1991).
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Based on the foregoing, the undersigned recommends that respondents’ unopposed
motion to dismiss (Doc. 8) be granted.
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These findings and recommendations are submitted to the United States District
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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days
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after being served with these findings and recommendations, any party may file written objections
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with the court. Responses to objections shall be filed within 14 days after service of objections.
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Failure to file objections within the specified time may waive the right to appeal. See Martinez v.
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Ylst,951 F.2d 1153 (9th Cir. 1991).
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Dated: December 6, 2018
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
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