Bello v. Carter

Full title: Kamel Bello, Petitioner, v. Albert Carter, et al., Respondents.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Date published: Jul 5, 2017

No. CV-16-01992-PHX-DJH (D. Ariz. Jul. 5, 2017)

Opinion

No. CV-16-01992-PHX-DJH

07-05-2017

Kamel Bello, Petitioner, v. Albert Carter, et al., Respondents.

Honorable Diane J. Humetewa United States District Judge

NOT FOR PUBLICATION

ORDER

This matter is before the Court on pro se Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1) and the Report and Recommendation ("R&R") of United States Magistrate Judge David K. Duncan, filed on June 6, 2017. (Doc. 17). Because the Government informed the Court that "Petitioner was removed from the United States on November 1, 2016[,]" the Magistrate Judge soundly recommended dismissal of the petition as moot. (Id. at 1: 16-19).

The parties have not filed objections and the time to do so has expired. Absent any objections, the Court is not required to review the findings and recommendations in the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1989) (The relevant provision of the Federal Magistrates Act, 28 U.S.C. § 636(b)(1)(C), "does not on its face require any review at all . . . of any issue that is not the subject of an objection."); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (same); Fed.R.Civ.P. 72(b)(3) ("The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to.").

Nonetheless, the Court has reviewed the R&R and agrees with its recommendation. The Court will, therefore, accept the R&R, and dismiss the Petition as moot. See 28 U.S.C. § 636(b)(1)(C) ("A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge."); Fed.R.Civ.P. 72(b)(3) (same).

Accordingly,

IT IS ORDERED ACCEPTING AND ADOPTING as an Order of this Court Magistrate Judge Duncan's R&R (Doc. 17);

IT IS FURTHER ORDERED DISMISSING as moot the Petition Under 28 U.S.C. 2241 for a Writ of Habeas Corpus by a Person in Federal Custody (Doc. 1); and

IT IS FINALLY ORDERED that the Clerk of Court shall terminate this action and enter judgment accordingly.

Dated this 5th day of July, 2017.

/s/_________

Honorable Diane J. Humetewa

United States District Judge