Davis v. Holder et al

Filing 21

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 5/30/2013. (MSN)

FILED
2013 May-30 PM 03:55
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA

RAPHIEL R. DAVIS,
Petitioner,
v.
ERIC HOLDER, Jr., et al.
Respondents.

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Civil Action Number
4:12-cv-02524-LSC-JEO

MEMORANDUM OPINION
Raphiel R. Davis (“Davis” or “Petitioner”) seeks a writ of habeas corpus pursuant to 28
U.S.C. § 2241 to review of the lawfulness of his detention by the United States Department of
Homeland Security, Immigration and Customs Enforcement (“ICE”) pending his removal to
Guyana. (Doc.1 1). The magistrate judge to whom the action was referred for preliminary review
entered a report recommending that Davis’s habeas petition be denied and that the action be
dismissed but without prejudice, allowing Davis to refile after 60 days should the Government
still prove unable to remove him assuming his continued cooperation and despite the lack of
pending legal proceedings. (Doc. 20). No objections have been filed.
Having 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 magistrate judge's
report is due to be and is hereby ADOPTED and his recommendation is ACCEPTED.
Accordingly, Davis’s habeas petition is due to be DENIED and that the action is due to be
DISMISSED WITHOUT PREJUDICE, with leave to allowing Davis to refile after sixty (60)

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References herein to “Doc(s). __” are to the document numbers assigned by the Clerk of the Court to the
pleadings, motions, and other materials in the court file, as reflected on the docket sheet.

days. A separate final order will be entered.
Done this 30th day of May 2013.

L. Scott Coogler
United States District Judge
[160704]

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