Elvira E. Nwana v. William P. Barr

C.D. California

Elvira E. Nwana v. William P. Barr

DecidedApril 29, 2020

Docket5:19-cv-02227

StatusUnknown

This text of Elvira E. Nwana v. William P. Barr (Elvira E. Nwana v. William P. Barr) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Elvira E. Nwana v. William P. Barr, (C.D. Cal. 2020).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ELVIRA NWANA, Case No. ED CV 19-02227 DSF (RAO) 12 Petitioner,

13 v. ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND 14 WILLIAM P. BARR, et al., RECOMMENDATIONS OF UNITED STATES MAGISTRATE 15 Respondents. JUDGE 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the 18 records and files herein, and the Magistrate Judge’s Report and Recommendation 19 (“Report”). 20 On April 13, 2020, Petitioner notified the Court that she has been released from 21 custody (“April 13 filing”). No objections to the Report are raised in the April 13 22 filing. Based on the limited information provided to it, the Court cannot determine 23 if any claims in the Petition are rendered moot by Petitioner’s release. See Hoang 24 Trinh v. Homan, 333 F.Supp.3d 984, 990 (C.D. Cal. 2018) (finding petitioners’ 25 claims continued to present a live controversy notwithstanding their release from 26 detention because their release could be revoked) (citing Rodriguez v. Hayes, 591 27 F.3d 1105, 1117 (9th Cir. 2010). At least one claim raised in the Petition, the denial 28 of proper medical care, is not rendered moot by Petitioner’s release. Accordingly, 1 || the Court accepts and adopts the findings, conclusions, and recommendations of the 2 || Magistrate Judge. 3 IT IS ORDERED that the Petition is denied, and Judgment shall be entered 4 || dismissing this action without prejudice. 5 6 | DATED: April 29, 2020 / )

3 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ELVIRA NWANA, Case No. ED CV 19-02227 DSF (RAO) 12 Petitioner,

13 v. ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND 14 WILLIAM P. BARR, et al., RECOMMENDATIONS OF UNITED STATES MAGISTRATE 15 Respondents. JUDGE 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, all of the 18 records and files herein, and the Magistrate Judge’s Report and Recommendation 19 (“Report”). 20 On April 13, 2020, Petitioner notified the Court that she has been released from 21 custody (“April 13 filing”). No objections to the Report are raised in the April 13 22 filing. Based on the limited information provided to it, the Court cannot determine 23 if any claims in the Petition are rendered moot by Petitioner’s release. See Hoang 24 Trinh v. Homan, 333 F.Supp.3d 984, 990 (C.D. Cal. 2018) (finding petitioners’ 25 claims continued to present a live controversy notwithstanding their release from 26 detention because their release could be revoked) (citing Rodriguez v. Hayes, 591 27 F.3d 1105, 1117 (9th Cir. 2010). At least one claim raised in the Petition, the denial 28 of proper medical care, is not rendered moot by Petitioner’s release. Accordingly, 1 || the Court accepts and adopts the findings, conclusions, and recommendations of the 2 || Magistrate Judge. 3 IT IS ORDERED that the Petition is denied, and Judgment shall be entered 4 || dismissing this action without prejudice. 5 6 | DATED: April 29, 2020 / )

3 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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