Ogunbanke v. Nielsen et al

Filing 21

ORDER Requiring Response to Respondents' Request to Dismiss Case as Moot signed by Magistrate Judge Jeremy D. Peterson on 10/11/2018. 21 Day Deadline. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TAYO OLUGBOYEGA OGUNBANKE,
Petitioner,

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v.
KIRSTEN NIELSEN, et al.,

Case No. 1:18-cv-00796-JDP
ORDER REQUIRING RESPONSE TO
RESPONDENTS’ REQUEST TO DISMISS
CASE AS MOOT
ECF No. 20

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Respondent.
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Petitioner is detained by the U.S. Bureau of Immigration and Customs Enforcement

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(“ICE”) and is proceeding without counsel with a petition for a writ of habeas corpus under 28

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U.S.C. § 2241. ECF No. 1. On June 20, 2018, the court issued an order for the respondents to

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show cause why the petition should not be granted. ECF No. 5.

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On September 6, 2018, respondents filed a response to the order to show cause and a

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motion to dismiss for lack of jurisdiction. ECF No. 20. Respondents have indicated that

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petitioner “appeared before an immigration judge on July 20, 2018, for a bond hearing, and

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Ogunbanke was granted release from custody under bond in the amount of $250,000.” Id. at 2.

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According to the respondents, the only relief requested in the habeas petition was a bond hearing

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before an immigration judge and petitioner has received the requested relief. Id. at 9. Therefore,

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respondents argue that the petition is now moot. See id.

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Petitioner has not filed an opposition to the respondents’ request to dismiss this case as

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moot. The court will require a response to respondents’ request.

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Accordingly,

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1. Petitioner must file a response to respondent’s request to dismiss this case as moot

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(ECF No. 20) within 21 days of the service of this order. Under Local Rule 230(l),

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failure of the responding party to file a response may result in sanctions.

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2. Respondents may file a reply in support of their request within 7 days of the service of
petitioner’s response.

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IT IS SO ORDERED.

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Dated:

October 11, 2018

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UNITED STATES MAGISTRATE JUDGE

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