Cohen v. Mukasey

Filing 49

ORDER AFFIRMING 39 Report and Recommendations, Applicants request to amend caption is GRANTED and Warden Theresa Hunt, Warden of GEO-ICE Detention Facility, Aurora, Colorado, is the only named Respondent; granting 19 Respondents Motion to Dismiss for Lack of Jurisdiction; denying 25 Applicant's Motion for Preliminary Injunction; denying 33 Applicant's Motion to Remand; The Applicant's motion to reconsider denial of appointment of counsel is DENIED; by Judge Lewis T. Babcock on 6/22/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE Civil Case No. 08-cv-01844-LTB-CBS SOLOMON BEN-TOV COHEN MA (CANTAB), Applicant, v. MICHAEL MUKASEY, Attorney General of the United States, Respondent. ________________________________________________________________________ ORDER ________________________________________________________________________ In this 28 U.S.C. § 2241 proceeding, the Magistrate Judge recommends that (1) Respondent's Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Doc 19) be granted; (2) Applicant's request for an injunction (Doc 25) be denied; (3) Applicant's Complaint (Doc 33) (docketed as "Motion for Remand to the United States Supreme Court") be denied; and (4) Applicant's Amended Applicant for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Doc 3) be denied and this action be dismissed. On April 22, 2009, Applicant filed his pleading titled "Omnibus Motion" and a response to it was filed May 4, 2009. "Supplemental Filing". I construe Applicant's Omnibus Motion and Supplemental Filing in part as specific and timely written objections to the Magistrate Judge's recommendation. I therefore consider the recommendation de novo in light of the file and record in this case. On de novo review, I conclude that the thorough and comprehensive analysis underlying the Magistrate Judge's recommendation is correct. Then on April 27, 2009, Applicant filed his

To the extent Applicant moves to remove Michael Mukasey as a named respondent and to substitute Warden Theresa Hunt, Warden of GEO-ICE Detention Facility, Aurora, Colorado, I will grant that motion. To the extent Applicant seeks to supplement the record with certain information set forth in either the Omnibus Motion or the Supplemental Filing, I find and conclude that such information is wholly irrelevant. Finally, Applicant seeks review of a prior denial of his Motion to Appoint Counsel. Accordingly, it is ORDERED as follows: 1. Applicant's request to amend caption is GRANTED and Warden Theresa Hunt, Warden of GEO-ICE Detention Facility, Aurora, Colorado, is the only named Respondent; The motion to supplement by filing addition evidence is DENIED including any "evidence" set forth in the Supplemental Filing; The motion to reconsider denial of appointment of counsel is DENIED; Respondent's Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Claim (Doc 19) is GRANTED; Applicant's "Request for an Injunction" (Doc 25) is DENIED; Applicant's "Complaint" (Doc 33) (docketed as a "Motion for Remand to the United States Supreme Court") is DENIED; Applicant's Amended Applicant for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Doc 3) is DENIED and this action is DISMISSED. BY THE COURT: s/Lewis T. Babcock Lewis T. Babcock, Judge DATED: June 22, 2009

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