DARIUS v. MUKASEY

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION 18 Report and Recommendation. Signed by SENIOR JUDGE MAURICE M PAUL on 12/29/2008. This case is dismissed and the Clerk is directed to close the file. (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JACQUELIN JASON DARIUS, Petitioner, v. MICHAEL CHERTOFF, DEPARTMENT OF HOMELAND SECURITY, DAVID HARVEY, MICHAEL MUKASEY, MICHAEL ROZOS, Respondents. ___________________________/ ORDER This matter is before the Court on Doc. 18, Report and Recommendation of the Magistrate Judge, recommending that the § 2241 petition filed by Petitioner Jacquelin Jason Darius be dismissed as moot since it appears Petitioner has been released from detention and removed to Haiti on March 26, 2008. The Report and Recommendation was mailed to the last address given by Petitioner, but was returned as undeliverable. The Court agrees that this matter is moot, and accordingly, it is hereby ORDERED AND ADJUDGED: 1. 2. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein. This case is dismissed and the Clerk is directed to close the file. CASE NO. 4:08-cv-00084-MP-WCS

DONE AND ORDERED this 29th day of December, 2008

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge