Diaz v. Unknown Party et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Jose Luis Nava Diaz,
Petitioner,
v.
Unknown Party, et al.,
Respondents.
No. CV-26-01937-PHX-JJT (MTM)
ORDER
Before the Court is the Report and Recommendation (Doc. 14, “R&R”) entered in
this matter by United States Magistrate Judge Michael T. Morrissey recommending that
the Court deny and dismiss as moot the Petition Under 28 U.S.C. § 2241 (Doc. 1,
“Petition”). In the R&R, Judge Morrissey advised the parties that they had 14 days from
service of the R&R to file specific written objections to it. (R&R at 3.) Judge Morrissey
further warned that “failure to timely file objections to [the R&R] may result in the
acceptance of [the R&R] by the District Court without further review,” and “failure to
timely file objections to any factual determinations of the Magistrate Judge will be
considered a waiver of a party’s right to appellate review of the findings of fact in an order
or judgment entered pursuant to [the R&R].” (R&R at 3.)
Nineteen days have elapsed since the Court mailed petitioner a copy of the R&R,
and that mailing has since been returned as undeliverable because Petitioner is no longer
in custody. The government confirmed in its Answer that Petitioner had been removed
from the United States on April 17, 2026. (Doc. 12.)
Case 2:26-cv-01937-JJT Document 16 Filed 06/09/26 Page 1 of 2

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Because of the sole relief sought in the Petition was release from custody, and that
release has now occurred, the Court will adopt the R&R and dismiss this matter as moot.
IT IS ORDERED adopting the R&R at Doc. 14.
IT IS FURTHER ORDERED denying and dismissing as moot the Petition Under
28 U.S.C. § 2241 (Doc. 1). The Clerk of Court may terminate this matter.
Dated this 9th day of June, 2026.
Honorable John J. Tuchi
United States District Judge
Case 2:26-cv-01937-JJT Document 16 Filed 06/09/26 Page 2 of 2