govinfo:USCOURTS-caed-1_25-cv-01853-4

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UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF CALIFORNIA 
DANIEL JAMES CUMMINS                        
(A-208-560-756), 
Petitioner, 
v. 
MOISES BECERRA, et al., 
Respondents. 
No.  1:25-cv-1853-DC-AC (HC)  
 
ORDER ADOPTING FINDINGS AND 
RECOMMENDATIONS 
(ECF Nos. 23, 44) 
 Petitioner, an immigration detainee proceeding through counsel, filed an application for a 
writ of habeas corpus pursuant to 28 U.S.C. § 2241.  ECF No. 1.  The matter was referred to a 
United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 
 On September 11, 2026, the magistrate judge filed findings and recommendations herein 
which were served on all parties and which contained notice to all parties that any objections to 
the findings and recommendations were to be filed within three days.  ECF No. 44.  Neither party 
filed objections to the findings and recommendations. 
 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 
court has conducted a de novo review of this case.  Having carefully reviewed the entire file, the 
court finds the findings and recommendations to be supported by the record and by proper 
analysis. 
 Accordingly, IT IS HEREBY ORDERED that: 
Case 1:25-cv-01853-DC-AC     Document 45     Filed 09/28/26     Page 1 of 2
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1. The findings and recommendations (ECF No. 44) are ADOPTED; 
2. Respondents’ motion to dismiss (ECF No. 23) is GRANTED solely on mootness 
based on petitioner’s departure from the United States; 
3. Petitioner’s petition for writ of habeas corpus (ECF No. 1) is DISMISSED WITHOUT 
PREJUDICE; and 
4. The Clerk of the Court is directed to close this case.  
 
IT IS SO ORDERED. 
 
Dated:     September 25, 2026     
 
 
___________________________ 
Dena Coggins 
United States District Judge 
Case 1:25-cv-01853-DC-AC     Document 45     Filed 09/28/26     Page 2 of 2

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