Lin v. Holder

Filing 11

ORDER ADOPTING IN FULL 10 FINDINGS AND RECOMMENDATIONS; GRANTING 9 Motion to Dismiss for Lack of Jurisdiction; Clerk Directed to Enter Judgment for Respondent, signed by District Judge Lawrence J. O'Neill on 7/2/2010. CASE CLOSED. (Marrujo, C)

(HC) Lin v. Holder

Doc. 11

1 2 3 4 5 6 CHAO KANG LIN, 7 Petitioner, 8 9 10 11 12 13 14 15 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2241. 17 On May 24, 2010, Respondent filed a motion to dismiss the instant petition on the grounds 18 that the petition was moot because Petitioner had been released from custody of the Bureau of 19 Immigration and Customs Enforcement ("ICE"). (Doc. 9). 20 assigned to the case filed a Findings and Recommendation recommending that Respondent's motion 21 to dismiss be granted and that the petition for writ of habeas corpus be DISMISSED as moot. (Doc. 22 10). The Findings and Recommendation was served on all parties and contained notice that any 23 objections were to be filed within twenty days from the date of service of that order. To date, none 24 of the parties in this case have filed objections. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de 26 novo review of the case. Having carefully reviewed the entire file, the Court concludes that the 27 Magistrate Judge's Findings and Recommendation is supported by the record and proper analysis. 28 1 On May 27, 2010, the Magistrate Judge ORDER DIRECTING CLERK OF COURT TO ENTER JUDGMENT ATTORNEY GENERAL ERIC H. HOLDER, Respondent. v. ) ) ) ) ) ) ) ) ) ) ) ) ) 1:09-cv-01797-LJO-JLT HC ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 10) ORDER GRANTING RESPONDENT'S MOTION TO DISMISS PETITION (Doc. 9) ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS (Doc. 1)

U N IT E D STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

Dockets.Justia.com

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Accordingly, IT IS HEREBY ORDERED that: 1. The Findings and Recommendation issued May 27, 2010 (Doc. 10), is ADOPTED IN FULL; 2. Respondent's motion to dismiss (Doc. 9), is GRANTED; 3. The petition for writ of habeas corpus (Doc. 1) is DISMISSED; and 4. The Clerk of Court is DIRECTED to ENTER JUDGMENT for Respondent and close the file. This order terminates the action in its entirety.

IT IS SO ORDERED. Dated: b9ed48 July 2, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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