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Masoud v. Filip

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


January 26, 2009

SLUEIMAN MOHAMMED MASOUD, PETITIONER,
v.
MARK FILIP,*FN1 ACTING U.S. ATTORNEY GENERAL, JANET NAPOLITANO, SECRETARY OF DEPARTMENT OF HOMELAND SECURITY, CHARLES MULE, FIELD OFFICE DIRECTOR, W.D.N.Y., MARTIN HERRON, ESQ., DIRECTOR, BUFFALO DETENTION FACILITY, 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). Respondents moved (Docket No. 8) on November 13, 2008, to dismiss the petition on the grounds of mootness. Magistrate Judge Bianchini issued a Report and Recommendation on that motion on January 5, 2009, recommended granting the motion to dismiss, but without prejudice, since the Department of Homeland Security ("DHS") may move to reopen removal proceedings against Petitioner, and there is a possibility he could be returned to detention in DHS custody.

The Report and Recommendation was mailed by the Clerk to Petitioner at La Familia Convenient Store, 154 East 188th Street, Bronx, New York 10468, on January 5, 2009.*fn2 To date, Petitioner has filed no objections to the second Report and Recommendation.*fn3 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. 11) and for the reasons set forth in it, Respondents' motion to dismiss (Docket No. 8) is granted and the petition is dismissed, without prejudice, as moot.

IT IS SO ORDERED.


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