Webster v. Baca

Full title: DERWIN L. WEBSTER, Petitioner, v. LEROY D. BACA, et al., Respondent.

Court: United States District Court, Ninth Circuit, California, C.D. California

Date published: Aug 27, 2012

CV 12-616 ODW (MRW) (C.D. Cal. Aug. 27, 2012)

Opinion

DERWIN L. WEBSTER, Petitioner, v. LEROY D. BACA, et al., Respondent. No. CV 12-616 ODW (MRW) United States District Court, C.D. California. August 27, 2012

          ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

          OTIS D. WRIGHT, II, District Judge.

         Pursuant to 28 U.S.C. § 636, the Court reviewed the petition, the records on file, and the Report and Recommendation of the United States Magistrate Judge. The Court engaged in a de novo review of those portions of the Report to which Petitioner has objected. (Docket # 21.) The Court accepts the findings and recommendation of the Magistrate Judge.

         Moreover, the Court observes Petitioner was recently convicted on the formerly-pending narcotics charges and is no longer a pretrial detainee in state custody. (Docket # 25.) Consequently, his habeas request seeking relief from pretrial detention is now moot. See Deere v. Superior Court, 330 Fed.Appx. 693, *1 (9th Cir. Aug. 5, 2009).

         IT IS ORDERED that Respondents' motion to dismiss is granted and that judgment be entered dismissing this action without prejudice.