ST VICTOR v. MUKASEY

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION 17 Report and Recommendation. Signed by JUDGE STEPHAN P MICKLE on 11/12/2008. The petition for writ of habeas corpus (doc. 1 ) is granted. Respondents shall release Petitioner from cust ody under such terms and conditions deemed necessary to ensure they are informed of Petitioners whereabouts pending his removal and in compliance with the requirements of 8 U.S.C. § 1231(a)(3). (Faxed to Hernando County Jail at 352-796-1074.) (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION WILLIE ST. VICTOR, ALIEN # A77-846-716, Petitioner, vs. MICHAEL B. MUKASEY, et al., Respondents. __________________________/ ORDER THIS CAUSE comes before the court on the magistrate judge's report and recommendation dated October 9, 2008 (doc. 17). The parties have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the report and recommendation, I have determined that the report and recommendation should be adopted. Accordingly, it is hereby ORDERED as follows: 1. The magistrate judge's report and recommendation (doc. 17) is CASE NO. 4:08cv185-SPM/WCS

ADOPTED and incorporated by reference in this order. 2. The petition for writ of habeas corpus (doc. 1) is granted.

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3.

Respondents shall release Petitioner from custody under such

terms and conditions deemed necessary to ensure they are informed of Petitioner's whereabouts pending his removal and in compliance with the requirements of 8 U.S.C. § 1231(a)(3). DONE AND ORDERED this 12th day of November, 2008.

s/ Stephan P. Mickle
Stephan P. Mickle United States District Judge

CASE NO. 4:08cv185-SPM/WCS