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 )

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