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Mendez v. Walsh

United States District Court, M.D. Pennsylvania

May 27, 2014

RUBEN VALERIO MENDEZ, Petitioner
v.
JEROME WALSH, Superintendent, et al., Respondents.

ORDER

EDWIN M. KOSIK, District Judge.

AND NOW, this 27th day of May, 2014, IT APPEARING TO THE COURT THAT:

(1) Petitioner, Ruben Valerio Mendez, a prisoner formerly confined at the York County Prison, York, Pennsylvania, filed the instant petition for writ of habeas corpus pursuant to 28 U.S.C. ยง 2254 on October 4, 2012;

(2) In his petition, petitioner challenged his June 7, 2010 conviction for drug offenses and his August 20, 2010 sentence, imposed by the Schuylkill County Court of Common Pleas;

(3) The action is currently assigned to Magistrate Judge Karoline Mehalchick for Report and Recommendation;

(4) On May 22, 2014, the Magistrate Judge issued a Report and Recommendation (Doc. 23), wherein she recommended that the petition for writ of habeas corpus be dismissed as moot;

(5) Specifically, the Magistrate Judge found that the petitioner had completed his sentence on June 28, 2013 and was deported to the Dominican Republic on February 4, 2014;

(6) Moreover, we note that documents sent to Petitioner at his former address have been returned to the courts as undeliverable, with no forwarding address (Docs. 17 and 21);

AND, IT FURTHER APPEARING THAT:

(7) We have considered the Magistrate Judge's Report and we concur with her recommendation.

ACCORDINGLY, IT IS HEREBY ORDERED THAT:

(1) The Report and Recommendation of Magistrate Judge Karoline Mehalchick dated May 22, 2014 (Doc. 23) is ADOPTED;

(2) The Petitioner's petition for writ of habeas corpus is DISMISSED as moot;

(3) The Clerk of Court is directed to CLOSE this case and to forward a copy of this Order to the Magistrate Judge; and,

(4) Based on the court's conclusions herein, there is no basis for the issuance of a certificate of appealability.


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