Derwin Lashaun Webster v. Leroy Baca, No. 2:2012cv00616 - Document 30 (C.D. Cal. 2012)
Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Otis D Wright, II. IT IS ORDERED that Respondents motion to dismiss is GRANTED and that judgment be entered DISMISSING this action without prejudice. Report and Recommendation (Issued) 13 (vm)
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Derwin Lashaun Webster v. Leroy Baca Doc. 30 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 11 12 13 14 15 16 DERWIN L. WEBSTER, ) ) Petitioner, ) vs. ) ) LEROY D. BACA, et al., ) ) Respondent. ) ___________________________ ) Case No. CV 12-616 ODW (MRW) ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 17 18 Pursuant to 28 U.S.C. § 636, the Court reviewed the petition, the records on 19 file, and the Report and Recommendation of the United States Magistrate Judge. 20 The Court engaged in a de novo review of those portions of the Report to which 21 Petitioner has objected. (Docket # 21.) The Court accepts the findings and 22 recommendation of the Magistrate Judge. 23 Moreover, the Court observes Petitioner was recently convicted on the 24 formerly-pending narcotics charges and is no longer a pretrial detainee in state 25 custody. (Docket # 25.) Consequently, his habeas request seeking relief from 26 pretrial detention is now moot. See Deere v. Superior Court, 330 Fed. Appx. 693, 27 *1 (9th Cir. Aug. 5, 2009). 28 Dockets.Justia.com 1 IT IS ORDERED that Respondents’ motion to dismiss is granted and that 2 judgment be entered dismissing this action without prejudice. 3 4 5 6 DATE: August 27, 2012 ___________________________________ HON. OTIS D. WRIGHT II UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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