Filed: Jul. 24, 2018
Latest Update: Jul. 24, 2018
Summary: ORDER JAMES M. MUNLEY , District Judge . AND NOW, to wit, this 24th day of July 2018, we have before us for disposition Magistrate Judge Joseph Arbuckle's report and recommendation (Doc. 12), which proposes that the habeas corpus petition in this case be dismissed as moot. A review of the record demonstrates that the United States has filed a suggestion of mootness stating that immigration officials released petitioner from ICE custody on May 18, 2018. (Doc. 11). No objections to the r
Summary: ORDER JAMES M. MUNLEY , District Judge . AND NOW, to wit, this 24th day of July 2018, we have before us for disposition Magistrate Judge Joseph Arbuckle's report and recommendation (Doc. 12), which proposes that the habeas corpus petition in this case be dismissed as moot. A review of the record demonstrates that the United States has filed a suggestion of mootness stating that immigration officials released petitioner from ICE custody on May 18, 2018. (Doc. 11). No objections to the re..
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ORDER
JAMES M. MUNLEY, District Judge.
AND NOW, to wit, this 24th day of July 2018, we have before us for disposition Magistrate Judge Joseph Arbuckle's report and recommendation (Doc. 12), which proposes that the habeas corpus petition in this case be dismissed as moot. A review of the record demonstrates that the United States has filed a suggestion of mootness stating that immigration officials released petitioner from ICE custody on May 18, 2018. (Doc. 11).
No objections to the report and recommendation have been filed, and the time for such filing has passed. Therefore, in deciding whether to adopt the report and recommendation, we shall determine if a review of the record evidences plain error or manifest injustice. FED. R. CIV. P. 72(b) 1983 Advisory Committee Notes ("When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record to accept the recommendation"); see also 28 U.S.C. § 636(b)(1); Sullivan v. Cuyler, 723 F.2d 1077, 1085 (3d Cir. 1983).
After a careful review, we find neither a clear error on the face of the record nor a manifest injustice, and therefore, we shall adopt the report and recommendation. It is hereby ORDERED as follows:
1) The magistrate judge's report and recommendation (Doc. 12) is ADOPTED;
2) The petition is DISMISSED AS MOOT; and
3) The Clerk of Court is directed to close this case.
