Opinion
No. CV18-1103 PHX DGC (MHB)
01-22-2019
Joffry Akwey, Petitioner, v. Kirstjen Nielsen, et al., Respondents.
ORDER
Petitioner Joffry Akwey has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Doc. 1. United States Magistrate Michelle H. Burns has issued a report and recommendation ("R&R") recommending that the petition be dismissed as moot and without prejudice. Doc. 19. No objection has been filed, which relieves the Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and dismiss the petition as moot and without prejudice.
IT IS ORDERED:
1. The R&R (Doc. 19) is accepted.
2. The petition for writ of habeas corpus (Doc. 1) is dismissed as moot and without prejudice.
3. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied
4. The Clerk is directed to terminate this action.
Dated this 22nd day of January, 2019.
/s/_________
David G. Campbell
Senior United States District Judge