Cardenas v. Sessions et al

Filing 13

ORDER Adopting 12 Report and Recommendations. Closing Case. Signed by Judge Darrin P. Gayles on 5/1/2018. (hmo) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 18-20589-CIV-GAYLES/WHITE
LAZARO DIAZ CARDENAS,
Petitioner,
v.
JEFF SESSIONS, et al.,
Respondents.
/
ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE
THIS CAUSE comes before the Court on Magistrate Judge Patrick A. White’s Report of
Magistrate Judge (“Report”) [ECF No. 12]. Petitioner filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging his detention by the United States Department of
Homeland Security, Bureau of Immigration and Customs Enforcement (“ICE”) [ECF No. 1]. The
matter was referred to Judge White, pursuant to 28 U.S.C. § 636(b)(1)(B) and Administrative
Order 2003-19 of this Court, for a ruling on all pretrial, non-dispositive matters, and for a Report
and Recommendation on any dispositive matters. [ECF No. 2]. Because Petitioner was released
from ICE custody pursuant to an order of supervision entered March 10, 2018, Judge White recommends that the Court dismiss the Petition as moot. Petitioner has not objected to the Report.
A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection
is made are accorded de novo review if those objections “pinpoint the specific findings that the
party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed.
R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection

is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters,
L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x
781, 784 (11th Cir. 2006).
This Court finds no clear error with Judge White’s well-reasoned analysis and agrees
that the Petition must be dismissed.
Accordingly, after careful consideration, it is ORDERED AND ADJUDGED as follows:
(1)

Judge White’s Report and Recommendation [ECF No. 12] is AFFIRMED AND
ADOPTED and incorporated into this Order by reference;

(2)

the Petition [ECF No. 1] is DISMISSED as moot; and

(3)

this case is CLOSED.

DONE AND ORDERED in Chambers at Miami, Florida, this 1st day of May, 2018.

________________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE

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