Robinson v. Lynch et al

Filing 8

ORDER: Adopting the Report and Recommendation of U.S. Magistrate Judge Saporito 7 ; denying as moot the Petition for Writ of Habeas Corpus 1 ; finding no basis for a certificate of appealability; directing the clerk to close the case.Signed by Honorable Matthew W. Brann on 4/14/2016. (km)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MYCOL ROBINSON, : : Petitioner, : : v. : : LORETTA LYNCH, U.S. Attorney : General; THOMAS DECKER, : Field Officer Director; : MARK LUTZ, Deportation Officer; : DAVID O’NEIL, Assistant Field : Office Director; MARY SABOL, : Warden, York County Prison, : : Respondents. : Civil Action No. 4:15-CV-2124 (Judge Brann) (Magistrate Judge Saporito) ORDER April 14, 2016 On December 14, 2015, the Respondents filed a Suggestion of Mootness indicating that the instant matter can be dismissed as moot as the respondent has been deported. ECF No. 6. Magistrate Judge Saporito, to whom this matter is jointly assigned, filed a report and recommendation on March 17, 2016, suggesting that the petition be denied. ECF No. 7. The time to object has since passed, and no objections have been filed. In light of the Respondents’ letter, and the Petitioner’s lack of response, the Court presumes that the matter is moot as suggested. NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. 1. United States Magistrate Judge Joseph F. Saporito’s Report and Recommendation is ADOPTED in full. ECF No. 7. 2. The Petition for Writ of Habeas Corpus is DENIED as moot. (ECF No. 1). 3. There is no basis for a certificate of appealabiltiy. 4. The clerk is directed to close the case file. BY THE COURT: s/ Matthew W. Brann Matthew W. Brann United States District Judge

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