Opinion
No. 4:09-CV-1220.
August 14, 2009
MEMORANDUM
This matter is before the Court on the July 22, 2009 Report and Recommendation ("R R") of Magistrate Judge Smyser (Doc. 4) which recommends that Petioner Sanusi Bah's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 be dismissed as moot. No objections to the R R have been filed.
Objections were due on or before August 10, 2009. To this date, none have been filed.
When, as here, no objections are made to a magistrate judge's report and recommendation, the district court is not statutorily required to review the report before accepting it. Thomas v. Arn, 474 U.S. 140, 149 (1985). According to the Third Circuit, however, "the better practice is to afford some level of review to dispositive legal issues raised by the report." Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987). "[T]he court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Fed.R.Civ.P. 72(b), advisory committee notes; see also Henderson, 812 F.2d at 878-79 (stating "the failure of a party to object to a magistrate's legal conclusions may result in the loss of the right to de novo review in the district court").
As noted above, no objections to the R R have been filed. Because the Court agrees with the sound reasoning of the Magistrate Judge, we will adopt the R R in its entirety. With a mind towards conserving judicial resources, the Court will not rehash the reasoning of the Magistrate Judge. Rather, we attach a copy of the R R, as it accurately reflects our consideration and resolution of the matter. An appropriate order will be entered.
REPORT AND RECOMMENDATION
On June 26, 2009, the petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. At the time he filed his petition, the petitioner was in the custody of the United States Immigration and Customs Enforcement (ICE). He challenged his continued detention by ICE. He sought his immediate release from custody.
On July 17, 2009, the respondent notified the court that, on July 15, 2009, the petitioner was removed from the United States and returned to his native country of Sierra Leone, Africa. The respondent requests that the case be dismissed as moot.
Article III of the Constitution provides that the judicial power of the United State shall extend to "cases" and "controversies." U.S. Constitution, art. III, § 2; Rosetti v. Shalala, 12 F.3d 1216, 1223 (3d Cir. 1993). Federal courts lack authority to decide moot cases. Liner v. Jafco, Inc., 375 U.S. 301, 306 n. 3 (1964). If events occur during litigation which eliminate the plaintiff's personal stake in the outcome of the suit, the case must be dismissed as moot. Rosetti, supra, 12 F.3d at 1224.
Since the petitioner is no longer in ICE custody his petition challenging his detention is now moot.
Based on the foregoing, it is recommended that the petition for a writ of habeas corpus be dismissed as moot and that the case file be closed.