UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
August 26, 2008
JOSE GARCIA-SANTOS, PETITIONER,
DIVISION OF PAROLE, MICHAEL KELLY, F.P.O., RESPONDENTS.
The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court
The above-referenced case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1)(B). On August 6, 2008, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that respondents' motion to dismiss the petition as moot be granted and their motion to dismiss the petition as unexhausted be denied.
The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge McCarthy's Report and Recommendation, respondents' motion to dismiss the petition as moot is granted and their motion to dismiss the petition as unexhausted is denied.
The Clerk of Court shall take all steps necessary to close the case.
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