CALERO v. HORTHAN, No. 4:2019cv01475 - 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. Signed by Judge Annemarie Carney Axon on 12/18/2019. (KEK)

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CALERO v. HORTHAN Doc. 12 FILED 2019 Dec-18 AM 09:19 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION FRANCISCO ALBERTO CALERO, Petitioner, v. WILLIAM BARR and JONATHAN HORTHAN, Respondents. ) ) ) ) ) ) ) ) ) ) Case No. 4:19-cv-1475-ACA-GMB MEMORANDUM OPINION On November 22, 2019, the magistrate judge entered a report and recommendation (doc. 11), recommending that the court grant Respondents’ motion to dismiss (doc. 9), and dismiss the petition for writ of habeas corpus as moot because Petitioner Francisco Alberto Calero has been removed to the Dominican Republic. Mr. Calero 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. Dockets.Justia.com The court will enter a separate order consistent with this opinion. DONE and ORDERED this December 17, 2019. _________________________________ ANNEMARIE CARNEY AXON UNITED STATES DISTRICT JUDGE 2

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