Henao v. Hassel et al

Filing 4

DISMISSAL ORDER The court ADOPTS the report of the magistrate judge and ACCEPTS the recommendations of the magistrate judge. It is ORDERED that this action is DISMISSED WITHOUT PREJUDICE as premature with respect to petitioner's claim that his continued detention pending deportation violates Zadvydas v. Davis. It is further ORDERED that this action is DENIED to the extent petitioner seeks an order requiring an immediate bail or bond hearing. Signed by Judge William M Acker, Jr on 7/24/14. (SAC )

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FILED 2014 Jul-24 PM 12:25 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION LUIS GUILLERMO HENAO, Petitioner vs. SCOTT HASSELL, et al., Respondents ) ) ) ) ) Case No. 4:14-cv-01229-WMA-HGD ) ) ) ) DISMISSAL ORDER On July 1, 2014, the magistrate judge’s report and recommendation was entered and the parties were allowed therein fourteen (14) days in which to file objections to the recommendations made by the magistrate judge. No objections to the magistrate judge’s report and recommendation have been filed by petitioner or respondents. After careful consideration of the record in this case and the magistrate judge’s report and recommendation, the court hereby ADOPTS the report of the magistrate judge. The court further ACCEPTS the recommendations of the magistrate judge. It is, therefore, ORDERED, ADJUDGED and DECREED that this action is due to be and hereby is DISMISSED WITHOUT PREJUDICE as premature with respect to petitioner’s claim that his continued detention pending deportation violates Zadvydas v. Davis, 533 U.S. 678, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001). It is further ORDERED, ADJUDGED and DECREED that this action is due to be and hereby is DENIED to the extent petitioner seeks an order requiring an immediate bail or bond hearing. DONE this 24th day of July, 2014. _____________________________ WILLIAM M. ACKER, JR. UNITED STATES DISTRICT JUDGE Page 2 of 2

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