Garabito v. Rivera

United States District Court for the Northern District of Alabama

Garabito v. Rivera

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION

GREGORY GARABITO, ) ) Petitioner, ) ) v. ) Case No.: 4:19-cv-00252-LSC-HNJ ) DAVID RIVERA, I.C.E. Field Officer ) Director, et al., ) ) Respondents. )

MEMORANDUM OPINION

The magistrate judge filed a report on September 23, 2018, recommending Respondents’ motion to dismiss be granted and the petition be dismissed as moot based on Petitioner’s removal to the Dominican Republic. (Doc. 18). Although the magistrate judge advised Petitioner of his right to file specific written objections within fourteen (14) days, no objections have been received by the court. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge’s report is hereby ADOPTED and the recommendation is ACCEPTED. Because Petitioner has been removed, the court can no longer provide meaningful relief. Thus, the court finds that the petition for writ of habeas corpus is moot. See Nyaga v. Ashcroft,

323 F.3d 906, 913

(11th Cir. 2003). Accordingly, Respondents’ motion to dismiss (doc. 17) is due to be granted and the petition is due to be dismissed. A separate order will be entered. DONE AND ORDERED ON OCTOBER 10, 2019.

L. SCOTT Ce UNITED STATES DIS¥RICT JUDGE 160704

Reference

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