Opinion
1:23-cv-0455 JLT EPG (HC)
11-07-2023
YUNIOR ARGUETA, Petitioner, v. WARDEN, FCI MENDOTA, Respondent.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING RESPONDENT'S MOTION TO DISMISS, DISMISSING PETITION FOR WRIT OF HABEAS CORPUS, AND DIRECTING CLERK OF COURT TO CLOSE CASE
(DOCS. 8, 10)
Ricardo Reynso Rebollar is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Respondent seeks dismissal of the petition. (Doc. 8.) This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On September 4, 2023, the magistrate judge found that “Petitioner has received the remedy he requested in his petition,” and as a result “no case or controversy exists.” (Doc. 10 at 2.) Therefore, the magistrate judge recommended Respondent's motion to dismiss be granted and the petition be dismissed as moot. (Id.) The Court served the Findings and Recommendations on Petitioner and notified him that any objections were to be filed within 30 days of the date of service. (Id.) Petitioner has not filed objections, and the time for doing so expired.
Although the Findings and Recommendations were signed on September 4, 2023, the document was docketed and served on September 5, 2023.
According to 28 U.S.C. § 636(b)(1)(C), the Court performed a de novo review of this case. Having carefully reviewed the entire matter, the Court concludes the Findings and Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS:
1. The Findings and Recommendations issued on September 5, 2023 (Doc. 10) are ADOPTED in full.
2. Respondent's motion to dismiss (Doc. 8) is GRANTED.
3. The petition for writ of habeas corpus is DISMISSED.
4. The Clerk of Court is directed to close this case.
IT IS SO ORDERED.