UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
January 26, 2009
BALMINDER SINGH, PETITIONER,
CHARLES MULE, FACILITIES DIRECTOR, BUFFALO FEDERAL DETENTION FACILITY, WILLIAM CLEARY, DISTRICT DIRECTOR DRO FIELD OFFICE; AND MARK FILIP, ACTING ATTORNEY GENERAL OF THE UNITED STATES. RESPONDENTS.
The opinion of the court was delivered by: Charles J. Siragusa United States District Judge
DECISION and ORDER
This case was referred to United States Magistrate Judge Victor E. Bianchini, pursuant to 28 U.S.C. § 636(b)(1). Petitioner moved for summary judgment on June 27, 2008, and Magistrate Judge Bianchini issued a Report and Recommendation on that motion on August 14, 2008. On August 27, 2008, Respondents moved for reconsideration, and before that motion was decided, moved to dismiss the petition as moot, since Petitioner had been successfully deported to India on November 23, 2008. On January 7, 2009, Magistrate Judge Bianchini filed a second Report and Recommendation recom-mending that the Court grant Respondents' motion to dismiss, and withdrawing the first Report and Recommendation.
The Report and Recommendation was mailed by the Clerk to Petitioner's last known address at the Buffalo Federal Detention Center.*fn1 To date, Petitioner has filed no objections to the second Report and Recommendation.*fn2 Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination only of those portions of the Report and Recommendation to which objections have been made.
The Court accepts Magistrate Judge Bianchini's Report and Recommendation (Docket No. 27) and for the reasons set forth in it, Respondents' motion to dismiss (Docket No. 26) is granted and the petition is dismissed as moot.
IT IS SO ORDERED.