Kanubuna v. Bostock

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE MIKE BOKO KANUBUNA, CASE NO. 2:24-cv-00052-LK Petitioner, ORDER ADOPTING REPORT AND 12 v. RECOMMENDATION 13 DREW BOSTOCK, 14 Respondent.

16 This matter comes before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge Grady J. Leupold. Dkt. No. 20. The R&R recommends granting Respondent’s motion to dismiss Petitioner Mike Kanubuna’s petition for habeas corpus relief filed under 28 U.S.C. § 2241. Id. at 1; see Dkt. No. 8 (habeas petition); Dkt. No. 11 (motion to dismiss).

20 Specifically, Judge Leupold recommends dismissing Mr. Kanubuna’s petition as moot because the relief requested—Mr. Kanubuna’s release from immigration detention—has already occurred; Mr. Kanubuna was released on April 12, 2024. Dkt. No. 20 at 1–2; see Dkt. No. 19 at 1; Dkt. No. 19- 1 at 2. Mr. Kanubuna has not filed any objections to the R&R. 1 The Court reviews findings and recommendations “if objection is made, but not otherwise.”

2 United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“Neither the Constitution nor the statute requires a district judge to review, de novo, findings and recommendations that the parties themselves accept as correct.”); see also 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).

6 Having reviewed the R&R and the remainder of the record, and in the absence of any objections by Mr. Kanubuna, the Court hereby finds and ORDERS: 8 1. The Court ADOPTS the Report and Recommendation, Dkt. No. 20, and GRANTS 9 Respondent’s motion to dismiss, Dkt. No. 11.

10 2. This case is DISMISSED without prejudice.

11 3. The Clerk is directed to send copies of this Order to all parties and to Judge Leupold.

13 Dated this 6th day of May, 2024.

14 A 15 Lauren King United States District Judge