Ogunbanke v. Nielsen et al

Filing 42

ORDER DIRECTING Respondents to Serve Motion to Dismiss on Petitioner; ORDER Setting Deadline to Respond to Respondent's Motion to Dismiss, signed by Magistrate Judge Jeremy D. Peterson on 10/17/19. Thirty Day Deadline. (Marrujo, C)

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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,

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Case No. 1:18-cv-00796-LJO-JDP

Petitioner,

ORDER DIRECTING RESPONDENTS TO
SERVE MOTION TO DISMISS ON
PETITIONER

KIRSTEN NIELSEN, et al.,

ORDER SETTING DEADLINE TO
RESPOND TO RESPONDENT’S MOTION
TO DISMISS

v.

Respondents.

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THIRTY-DAY DEADLINE

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ECF No. 40

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Petitioner Tayo Olugboyega Ogunbanke, a former detainee in the custody of the U.S.

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Bureau of Immigration and Customs Enforcement (“ICE”), is proceeding without counsel with a

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petition for a writ of habeas corpus under 28 U.S.C. § 2241. ECF No. 1. On September 16, 2019,

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petitioner was removed from the United States to Lagos, Nigeria. See ECF Nos. 41, 40-1. In

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response to petitioner’s removal, respondents filed a motion to dismiss the habeas petition for

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mootness on October 15, 2019. See ECF No. 40. Respondents did not serve the petitioner with

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the motion to dismiss due to a lack of forwarding address. See id. at 8. On October 15, 2019,

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petitioner provided the court with his new address. ECF No. 41.

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Accordingly, I hereby order that:

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1. Respondents must serve a copy of the motion to dismiss on petitioner at his updated

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address; and
2. Within twenty-one days of the date of service of respondent’s motion to dismiss, ECF No.

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40, petitioner may file a response to the motion.

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IT IS SO ORDERED.

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Dated:

October 17, 2019
UNITED STATES MAGISTRATE JUDGE

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No. 206

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