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Romero-Lopez v. Sessions, CV-18-00161-PHX-SPL. (2018)

Court: District Court, D. Arizona Number: infdco20180301j50 Visitors: 9
Filed: Feb. 28, 2018
Latest Update: Feb. 28, 2018
Summary: ORDER STEVEN P. LOGAN , District Judge . On January 16, 2018, Petitioner Roberto Romero-Lopez, who was then confined in the Eloy Detention Center, filed, through counsel, a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 (Doc. 1), paid the filing fee, and sought a Temporary Restraining Order and a Preliminary Injunction (Doc. 3). By Order dated January 18, the Court denied Petitioner's request for a Temporary Restraining Order, but directed Respondents to answer the Petition
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ORDER

On January 16, 2018, Petitioner Roberto Romero-Lopez, who was then confined in the Eloy Detention Center, filed, through counsel, a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1), paid the filing fee, and sought a Temporary Restraining Order and a Preliminary Injunction (Doc. 3). By Order dated January 18, the Court denied Petitioner's request for a Temporary Restraining Order, but directed Respondents to answer the Petition and respond to the Motion for Preliminary Injunction on an expedited basis. On February 1, however, Petitioner filed a Motion to Dismiss (Doc. 15) on the basis that he had been granted a voluntary departure on January 31, 2018, and the matter was now moot. On February 8, 2018, the referred Magistrate Judge filed a Report and Recommendation (R&R) (Doc. 18) recommending that the Motion to Dismiss be granted, and that the matter be dismissed as moot. No party has objected to the R&R. Further, on its own review of the record, the Court will accept the R&R. Petitioner's Motion to Dismiss will be granted, and the Petition and Motion for Preliminary Injunction will be dismissed as moot.

IT IS ORDERED:

(1) Magistrate Judge Eileen S. Willet's Report and Recommendation (Doc. 18) is accepted.

(2) Petitioner's Motion to Dismiss (Doc. 15) is granted.

(3) The Petition (Doc. 1) and Petitioner's Motion for Preliminary Injunction (Doc. 3) is dismissed as moot.

(4) The Clerk of Court must enter judgment accordingly and close this case.

Source:  Leagle

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