RABESS v. HOLDER et al

Filing 6

ORDER OF DISMISSAL - The 4 Report and Recommendation is ACCEPTED and adopted as the court's opinion. "The petition is dismissed without prejudice." Signed by JUDGE ROBERT L HINKLE on 3/7/2013. (dlt)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

JERMMAINE RABESS,
Petitioner,
v.

CASE NO. 4:12cv593-RH/CAS

ERIC H. HOLDER, JR. et al.,
Respondents.
_____________________________/
ORDER OF DISMISSAL
An immigration judge ordered the petitioner’s removal from the United
States. The petitioner filed this habeas proceeding alleging he had been retained
for more than six months and challenging any further detention. The case is before
the court on the magistrate judge’s report and recommendation, ECF No. 4. No
objections have been filed. The report and recommendation concludes that the
case should be dismissed because the petitioner has not paid the filing fee or
moved for leave to proceed in forma pauperis, despite the magistrate judge’s order
to do so. The clerk mailed a copy of the report and recommendation to the
petitioner at the facility where he was detained when he filed this case, but the
postal service returned the mailing with the notation “NO LONGER HERE,”
Case No. 4:12cv593-RH/CAS

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perhaps suggesting that the petitioner has been removed from the country or
released from custody. Either would render this case moot. Upon consideration,
IT IS ORDERED:
The report and recommendation is ACCEPTED and adopted as the court’s
opinion. The clerk must enter judgment stating, “The petition is dismissed without
prejudice.” The clerk must close the file.
SO ORDERED on March 7, 2013.
s/Robert L. Hinkle
United States District Judge

Case No. 4:12cv593-RH/CAS