Thao Manh Phuong v. Attorney General et al

Filing 13

ORDER DISCHARGING Order to Show Cause 10 ; ORDER GRANTING Motion to Dismiss 12 ; ORDER DISMISSING Petition for Writ of Habeas Corpus, signed by Magistrate Judge Dennis L. Beck on 10/7/09: The Clerk of Court is DIRECTED to enter judgment. (CASE CLOSED) (Hellings, J)

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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 Petitioner, a detainee of the Bureau of Immigration and Customs Enforcement ("ICE"), has 16 filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. 17 On September 16, 2009, Respondent filed a motion to dismiss the petition for mootness. 18 Respondent states Petitioner has been released from custody. In support of this contention, 19 Respondent has submitted a copy of Petitioner's alien file which shows Petitioner was removed from 20 the United States on February 17, 2009. See Attachment 1 to Motion to Dismiss. 21 Accordingly, good cause having been presented and good cause appearing therefor, IT IS 22 ORDERED that the Order to Show Cause of August 12, 2009, is DISCHARGED, and Respondent's 23 Motion to Dismiss the Petition is GRANTED, and the Petition is DISMISSED. The Clerk of Court is 24 DIRECTED to enter judgment. 25 IT IS SO ORDERED. 26 Dated: 27 28 U . S . D i s t r ic t C o u r t E. D . C a lifo r n ia UNITED STATES DISTRICT COURT THAO MANH PHOUNG, ) ) Petitioner, ) ) v. ) ) ) ATTORNEY GENERAL, et al., ) ) Respondents. ) ____________________________________) 1:08-cv-01585 YNP [DLB] (HC) ORDER DISCHARGING ORDER TO SHOW CAUSE [Doc. #10] ORDER GRANTING MOTION TO DISMISS [Doc. #12] ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS October 7, 2009 3b142a /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 1

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