Opinion
No. CV-07-0004-PHX-DGC (JJM).
December 16, 2008
ORDER
Petitioner Elimane Tall has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Dkt. #1. The petition asserts that Petitioner's continued detention by federal immigration authorities is unlawful. Id. at 3. On September 23, 2008, Respondent filed a notice indicating that the petition is moot because Petitioner was deported to Dakar, Senegal on July 10, 2008. Dkt. #20. On November 12, 2008, United States Magistrate Judge Jacqueline Marshall issued a report and recommendation ("R R") recommending that the petition be dismissed as moot in light of Respondent's notice. Dkt. #21. Petitioner has not filed an objection to the R R and the time for doing so has expired. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). The Court accordingly will accept the R R and dismiss the petition as moot. See Fed.R.Civ.P. 73(b)(3) ("The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to."); see also Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).
IT IS ORDERED:
1. The Magistrate Judge's report and recommendation (Dkt. #21) is accepted.
2. Petitioner Elimane Tall's petition for writ of habeas corpus (Dkt. #1) is dismissed as moot.
3. The Clerk is directed to terminate this action.