Garabito v. Rivera et al, No. 4:2019cv00252 - Document 19 (N.D. Ala. 2019)
Court Description: MEMORANDUM OPINION - Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judges report is hereby ADOPTED and the recommendation is ACCEPTED. Signed by Judge L Scott Coogler on 10/10/2019. (KEK)
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Garabito v. Rivera et al Doc. 19 FILED 2019 Oct-10 PM 04:45 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION GREGORY GARABITO, Petitioner, v. DAVID RIVERA, I.C.E. Field Officer Director, et al., Respondents. ) ) ) ) ) ) ) ) ) ) Case No.: 4:19-cv-00252-LSC-HNJ MEMORANDUM OPINION The magistrate judge filed a report on September 23, 2018, recommending Respondents’ motion to dismiss be granted and the petition be dismissed as moot based on Petitioner’s removal to the Dominican Republic. (Doc. 18). Although the magistrate judge advised Petitioner of his right to file specific written objections within fourteen (14) days, no objections have been received by the court. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge’s report is hereby ADOPTED and the recommendation is ACCEPTED. Because Petitioner has been removed, the court can no longer provide meaningful relief. Thus, the court finds that the petition for writ of habeas corpus is moot. See Nyaga v. Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003). Accordingly, Respondents’ motion to dismiss (doc. 17) is due to be granted and the petition is due to be dismissed. 1 Dockets.Justia.com A separate order will be entered. DONE and ORDERED on October 10, 2019. _____________________________ L. Scott Coogler United States District Judge 160704 2
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