(HC) Garcia Alcazar v. Sessions et al, No. 2:2017cv00282 - Document 9 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 12/6/18 RECOMMENDING that 8 Motion to Dismiss be Granted. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Coll, A)
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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE GARCIA ALCAZAR, 12 Petitioner, 13 14 v. No. 2:17-CV-0282-JAM-DMC-P FINDINGS AND RECOMMENDATIONS JEFF SESSIONS, et al., 15 Respondents. 16 17 Petitioner, who is proceeding with retained counsel, brings this petition for a writ 18 of habeas corpus pursuant to 28 U.S.C. § 2241 challenging the denial of a custody determination 19 pursuant to Diouf v. Napolitano, 634 F.3d 1081 (9th Cir. 2011). Pending before the court is 20 respondents’ unopposed motion to dismiss (Doc. 8). The court agrees with respondents’ 21 unopposed argument that the instant petition is now moot because petitioner has been removed 22 from the United States and is no longer in custody. See Picrin-Peron v. Rison, 930 F.2d 773 (9th 23 Cir. 1991). 24 /// 25 /// 26 /// 27 /// 28 /// 1 1 2 Based on the foregoing, the undersigned recommends that respondents’ unopposed motion to dismiss (Doc. 8) be granted. 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days 5 after being served with these findings and recommendations, any party may file written objections 6 with the court. Responses to objections shall be filed within 14 days after service of objections. 7 Failure to file objections within the specified time may waive the right to appeal. See Martinez v. 8 Ylst,951 F.2d 1153 (9th Cir. 1991). 9 10 11 Dated: December 6, 2018 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2