Mena-Nunez v. Horton, No. 4:2019cv00921 - Document 12 (N.D. Ala. 2019)

Court Description: MEMORANDUM OPINION - Having reviewed and considered de novo all the materials in this case, including the report and recommendation, the court ADOPTS the magistrate judge's report and ACCEPTS his recommendation. The court WILL GRANT the Respondents' motion to dismiss and WILL DISMISS this petition WITHOUT PREJUDICE. The court will enter a separate order consistent with this opinion. Signed by Judge Annemarie Carney Axon on 11/19/2019. (KEK)

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Mena-Nunez v. Horton Doc. 12 FILED 2019 Nov-19 PM 02:57 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION NELVY R. MENA-NUNEZ, Petitioner, v. JONATHON W. HORTON, et al., Respondents. ) ) ) ) ) ) ) ) ) Case No.: 4:19-cv-00921-ACA-JHE MEMORANDUM OPINION On October 30, 2019, the magistrate judge entered a report and recommendation (doc. 10), recommending that the court grant Respondents’ motion to dismiss (doc. 9), and dismiss the petition for writ of habeas corpus as moot because Petitioner Nelvy Mena-Nunez has been removed to the Dominican Republic. Mr. Mena-Nunez did not file any objections. Having reviewed and considered de novo all the materials in this case, including the report and recommendation, the court ADOPTS the magistrate judge’s report and ACCEPTS his recommendation. The court WILL GRANT the Respondents’ motion to dismiss and WILL DISMISS this petition WITHOUT PREJUDICE. The court will enter a separate order consistent with this opinion. DONE and ORDERED this November 19, 2019. _________________________________ ANNEMARIE CARNEY AXON UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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