Padilla v. Lucero et al

Filing 25

ORDER: The Report and Recommendation of the Magistrate Judge is adopted as the order of this Court. IT IS FURTHER ORDERED denying the Petitioner's Motion for Immediate Release and Motion for Stay of Removal. (Docs. 13 and 19 ) Signed by Senior Judge Susan R Bolton on 5/09/2018. (REK)

1

NOT FOR PUBLICATION

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Manuel Ceballos Padilla,
Petitioner,

10
11

ORDER

v.

12

No. CV-18-0121-PHX-SRB (BSB)

Enrique M. Lucero, et al.

13
14

Respondents.
Petitioner filed his Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. §

15 2241 on January 12, 2018 asserting six grounds for relief. On screening the Court
16 dismissed Grounds One and Two and ordered Respondent to answer Grounds Three
17 through Six. (Doc. 6) Respondent Enrique Lucero filed his Response to the Petition for
18 Writ of Habeas Corpus on February 20, 2018 and Petitioner filed a Reply on March 13,
19 2018. Pending before the Court are Petitioner’s Motion for Immediate Release (Doc. 13)
20 and Motion for Stay of Removal Pending Consideration of Petition for a Writ of Habeas
21 Corpus (Doc. 19).
22

On April 11, 2018, the Magistrate Judge issued her Report and Recommendation

23 recommending that Petitioner’s Motion for Immediate Release and Motion for Stay of
24 Removal be denied.
25

In her Report and Recommendation the Magistrate Judge advised the parties that

26 they had fourteen days from the date of service of a copy of the Report and
27 Recommendation within which to file specific written objections with the Court. The time
28 to file such objections has expired and no objections to the Report and Recommendation

1 have been filed.
2
3
4
5
6
7

The Court finds itself in agreement with the Report and Recommendation of the
Magistrate Judge.
IT IS ORDERED adopting the Report and Recommendation of the Magistrate
Judge as the order of this Court.
IT IS FURTHER ORDERED denying the Petitioner’s Motion for Immediate
Release and Motion for Stay of Removal. (Docs. 13 and 19)

8
9

Dated this 9th day of May, 2018.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-