Oscar Alan Martinez v. Eric H Holder et al

Filing 14

ORDER GRANTING MOTION TO DISMISS WITHOUT PREJUDICE 13 . Signed by Judge Nathanael Cousins on 12/31/2014. (lmh, COURT STAFF) (Filed on 12/31/2014)

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LAMAR PECKHAM
Attorney at Law
State Bar No. 121790
555 Sebastopol Rd., Ste. C
Santa Rosa, CA 95407

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[phone]

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Attorney for Petitioner OSCAR ALAN MARTINEZ

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OSCAR ALAN MARTINEZ,
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No. 14-cv-05253-NC
Petitioner,

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v.

Agency File No. A206 350 758

ERIC HOLDER, Attorney General of the
United States, JEH JOHNSON, Secretary
of Homeland Security, TIMOTHY S. AITKEN,
San Francisco Field Office Director, Office of
Enforcement and Removal Operations, ICE,
United States Immigration and Customs
Enforcement,

MOTION TO DISMISS WITHOUT
PREJUDICE AND ORDER

Respondents.
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Petitioner, OSCAR ALAN MARTINEZ, through his counsel, LAMAR PECKHAM, hereby
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moves the court to dismiss the Petition for Writ of Habeas Corpus filed in this proceeding, without
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prejudice, and pursuant to agreement of the parties herein, for the following reason. On December
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27, 2014, petitioner filed a timely Petition for Review with the Ninth Circuit, at respondents’
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suggestion, rendering this petition moot.
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H

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UNIT
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RT
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25 Dated: December 31, 2014

S DISTRICT
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_/s/______Lamar Peckam__________________
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LAMAR PECKHAM
Attorney for Petitioner
OSCAR ALAN MARTINEZ
TED
GRAN

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Dated: December 30, 2014.
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CERTIFICATE OF SERVICE
When All Case Participants are Registered for the
CM/ECF System

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U.S. District Court Docket Number: 14-cv-05253-NC

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I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the

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United States District Court for the Northern District of California by using the CM/ECF system on

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December 30, 2014

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I certify that all participants in the case are registered CM/ECF users and that service will be
accomplished by the CM/ECF system.
I certify that all required privacy redactions have been made in this document.

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I certify that this ECF submission was scanned for viruses by the commercial virus scanning

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program Symantec Norton 360, most recently updated 12/29/14, and, according to the program is

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free of viruses.

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__/s/___Lamar Peckham__________
Attorney for Petitioner