Aceituno v. Harrison Police Dept. et al, No. 4:2019cv01758 - Document 24 (N.D. Ala. 2020)

Court Description: MEMORANDUM OPINION - Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the magistrate judge's report and ACCEPTS his recommendation. Accordingly, the court GRANTS Respondents' motion to dismiss the petition as moot. (Doc. 21 ). The court will dismiss this matter by separate order. Signed by Judge Annemarie Carney Axon on 8/12/2020. (KEK)

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Aceituno v. Harrison Police Dept. et al Doc. 24 FILED 2020 Aug-12 PM 03:46 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION DARIO ACEITUNO, Petitioner, v. HARRISON POLICE DEPT., et al., Respondents. ) ) ) ) ) ) ) ) ) Case No. 4:19-cv-01758-ACA-HNJ MEMORANDUM OPINION The magistrate judge entered a report on July 13, 2020, recommending that the court grant Respondents’ motion to dismiss this 28 U.S.C. § 2241 petition for writ of habeas corpus as moot due to Petitioner Dario Aceituno’s removal to Argentina on June 2, 2020. (Doc. 22). Although the magistrate judge advised Mr. Aceituno of his right to file specific written objections within fourteen days, the court has not received any objections.1 Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the magistrate judge’s report and ACCEPTS his recommendation. Accordingly, the 1 The Clerk mailed a copy of the magistrate judge’s report and recommendation to Mr. Aceituno at the Etowah County Detention Center, Mr. Aceituno’s last known address. The Postal Service returned as undeliverable Mr. Aceituno’s copy of the report and recommendation. (Doc. 23). Mr. Aceituno has not apprised the court of his current address. Dockets.Justia.com court GRANTS Respondents’ motion to dismiss the petition as moot. (Doc. 21). The court will dismiss this matter by separate order. DONE and ORDERED this August 12, 2020. _________________________________ ANNEMARIE CARNEY AXON UNITED STATES DISTRICT JUDGE

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