Izquierdo v. Ashcroft

Full title: ALEJANDRO IZQUIERDO v. JOHN ASHCROFT, et al

Court: United States District Court, E.D. Pennsylvania

Date published: Jun 2, 2004

Civil Action No. 03-6152 (E.D. Pa. Jun. 2, 2004)

Opinion

Civil Action No. 03-6152.

June 2, 2004

ORDER

BRUCE KAUFFMAN, District Judge

AND NOW, this ____ day of June, 2004, upon careful and independent consideration of the Petition for Writ of Habeas Corpus (docket no. 1) and after review of the Report and Recommendation of United States Magistrate Judge Diane M. Welsh and Petitioner's objection thereto, it is ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED. ¹

2. The Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 is DENIED and DISMISSED in its entirety.

3. There is no probable cause to issue a certificate of appealability.

1 As set forth fully in Magistrate Judge Welsh's Report and Recommendation, Petitioner's habeas petition must be dismissed as moot because he has been released from custody. As Magistrate Judge Welsh correctly notes, it is unnecessary to reach the merits of Petitioner's claims because the sole relief sought by his Petition is his release from custody to supervision. See Petition at 32; Addendum to Petition at 9. Accordingly, Petitioner's objection is overruled.