(HC) Barillas-Gamero v. United States ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LUIS ALONSO BARILLAS-GAMERO, No. 1:20-cv-00589-NONE-SKO (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. No. 12) 13 ORDER GRANTING RESPONDENT’S 14 v. MOTION TO DISMISS (Doc. No. 10) 15 ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS 16 UNITED STATES OF AMERICA, [NO CERTIFICATE OF APPEALABILITY IS 17 REQUIRED] Respondent. 18 19 20 Petitioner is a former immigration detainee proceeding in propria persona with a petition 21 for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On June 2, 2020, the assigned magistrate 22 judge issued findings and recommendations recommending that respondent’s motion to dismiss 23 the pending petition as moot be granted because petitioner has been released from immigration 24 detention on an order of supervision. (Doc. Nos. 10, 12.) The findings and recommendations 25 were served upon all parties and contained notice that any objections were to be filed within ten 26 (10) days from the date of service of that order. To date, no party has filed objections. 27 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), the court has conducted a 28 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the WAS □□ OD MALE SINS MVVUUEPTIOCTI LO PFI Vey TP Aye ve 1 | findings and recommendations are supported by the record and proper analysis. 2 In the event a notice of appeal is filed, a certificate of appealability will not be required 3 | because this is an order denying a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, 4 | nota final order in a habeas proceeding in which the detention complained of arises out of 5 || process issued by a State court. Forde v. U.S. Parole Commission, 114 F.3d 878 (9th Cir. 1997); 6 | see Ojo v. INS, 106 F.3d 680, 681-682 (Sth Cir. 1997); Bradshaw v. Story, 86 F.3d 164, 166 (10th 7 | Cir. 1996). 8 Accordingly, the Court orders as follows: 9 1. The findings and recommendations, filed June 2, 2020 (Doc. No. 12), are 10 | ADOPTED IN FULL; 11 2. Respondent’s motion to dismiss (Doc. No. 10) is GRANTED; 12 3. The petition for writ of habeas corpus is DISMISSED; 13 4. The Clerk of Court is directed to assign a district judge to this case for the purpose 14 | of closing the case and then to ENTER JUDGMENT AND CLOSE THE CASE; and, 15 5. In the event a notice of appeal is filed, a certificate of appealability will not be 16 | required. 17 This order terminates the action in its entirety. 18 | IT IS SO ORDERED. me □ | Dated: Sully 16, 2020 DL A. Done 20 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28