Nibkakhsh-Tali v. Mukasey

Full title: Esfandiar Nibkakhsh-Tali, Petitioner, v. Michael B. Mukasey, et al.…

Court: United States District Court, D. Arizona

Date published: Jun 4, 2008

No. CV 07-1526 PHX-NVW (D. Ariz. Jun. 4, 2008)

Opinion

No. CV 07-1526 PHX-NVW.

June 4, 2008

ORDER

NEIL WAKE, District Judge

Before the court is Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (doc. #1). On May 14, 2008, United States Magistrate Judge Bernardo P. Velasco issued a Report and Recommendation ("R R") (doc. # 31) in accordance with 28 U.S.C. § 636(b)(1)(B). The R R recommended that the Petition be granted. Respondents have stated they will comply with the R R rather than object to it. They now move the court to dismiss the Petition as moot. (Doc. # 34.) Respondents' voluntary compliance with an adverse judicial decision does not moot the case. Chemical Producers and Distributors Association v. Helliker, 463 F.3d 871, 877 (9^th Cir. 2006).

The court has reviewed the R R and agrees with the magistrate judge's determinations. Accordingly, the court will accept the R R and grant the Petition for Writ of Habeas Corpus. See 28 U.S.C. § 636(b)(1) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge").

IT IS THEREFORE ORDERED accepting the Report and Recommendation of Magistrate Judge Velasco (doc. #31).

IT IS FURTHER ORDERED that Clerk of the Court enter judgment granting Petitioner's Petition for Writ of Habeas Corpus (doc. #1) and directing Respondents to release Petitioner on appropriate conditions. The Clerk shall terminate this action.