Onalaja v. Holder et al

Filing 31

ORDER The Court is of the opinion that the report is due to be and is ADOPTED, and the recommendation is ACCEPTED; the petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 in the above-styled cause is due to be and the same is DENIED and DISMISSED WITH PREJUDICE. Signed by Judge William M Acker, Jr on 10/28/13. (SAC )

FILED
2013 Oct-28 PM 03:01
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
HAKEEM K. ONALAJA,
Petitioner,
vs.
ERIC HOLDER, et al.,
Respondents.

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Case No. 4:12-cv-1826-WMA-TMP

ORDER
On October 10, 2013, the magistrate judge filed his report and recommendation in the abovestyled cause, recommending that this petition for habeas corpus relief filed pursuant to 28 U.S.C.
§ 2241 be denied and dismissed as moot.1 To date, no objections have been filed by either party.
The Report and Recommendation mailed to petitioner has been returned as undeliverable.
Having now carefully reviewed and considered de novo all the materials in the court file,
including the report and recommendation, the Court is of the opinion that the report is due to be and
hereby is ADOPTED, and the recommendation is ACCEPTED. Consequently, the petition for writ
of habeas corpus filed pursuant to 28 U.S.C. § 2241 in the above-styled cause is due to be and the
same is hereby DENIED and DISMISSED WITH PREJUDICE.

1

The magistrate judge correctly stated that petitioner was deported to Nigeria. His
original petition, however, recited that he was ordered to be deported to Sierra Leone. The
Government stated that the order listed Sierra Leone or, in the alternative, Nigeria. The Report
and Recommendation mistakenly set forth Kenya as the alternative nation.

DONE this 28th day of October, 2013.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE