Mohammad v. Mukasey et al, No. 3:2008cv00617 - Document 73 (D. Or. 2009)

Court Description: OPINION AND ORDER: I ADOPT magistrate Judge Acosta's Findings and Recommendation # 71 as my own opinion. Petitioner's Complaint # 2 is DISMISSED. IT IS SO ORDERED. Signed on November 3, 2009 by Judge James A. Redden. (kt)

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FIlED'09 t{)\I 0317IHlJSoc-(Jp UNITED STATES DISTRICT COURT DISTRICT OF OREGON JAWDAT K. MOHAMMAD, CV 08-617-AC Petitioner, OPINION AND ORDER v. ERIC HOLDER, JR., Attorney General of the United States, ROBERT S. MUELLER III, Director, Federal Bureau of Investigation, MICHAEL A. CANNON, Chief, National Namecheck Section of the Federal Bureau of Investigation, JANET NAPOLITANO, Secretary of Homeland Security, MICHAEL AYTES, Acting Director, United States Citizenship and Immigration Services, F. GERARD HEINAUER, Director, USCIS Northern Service Center, WILLIAM D. McNAMEE, Director USCIS Portland, Respondents. l lPursuant to Fed. R. Civ. P. 25(d), Eric Holder, Jr., Janet Napolitano, and Michael Aytes were substituted as defendants for Michael Mukasey, Michael Chertoff, and Jonathan Scharfen. REDDEN, Judge: On October 20, 2009, Magistrate Judge John Acosta fIled his Findings and Recommendation (doc. 71) that the court grant the government's Motion to Dismiss (doc. 66) Petitioner's Complaint as moot. The matter is now before me. See 28 U.S.C. § 636(b)(l)(A); Fed. R. Civ. P. 72(b). Neither party timely filed objections. This relieves me of my obligation to review Magistrate Judge Acosta's factual fmdings de novo. See 28 U.S.c. § 636(b)(1)(C); Simpson v. Lear Astronics Com., 77 F3d 1170, 1174-75 (9th Cir. 1996). Having reviewed the legal principles de novo, I fmd no error. Accordingly, I ADOPT magistrate Judge Acosta's Findings and Recommendation (doc. 71) as my own opinion. Petitioner's Complaint (doc. 2) is DISMISSED. IT IS SO ORDERED. ,- DATED this~ day ofNovember, 2009. ames A. Redden U 'ted States District Judge PAGE 2 - OPINION AND ORDER

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