Ahmed v. Attorney General of the United States et al
Filing
12
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 8 Motion to Dismiss 1 Application/Petition for Writ of Habeas Corpus; adopting Report and Recommendations re 10 Report and Recommendations; Dismissing 1 Petition for Writ of Habeas Corpus ; Closing Case. Signed by Judge Robert N. Scola, Jr. on 2/23/2018. (ls) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
United States District Court
for the
Southern District of Florida
Ayanle Abdullah Ahmed, Petitioner,
v.
Jeff Sessions as Attorney General of
the United States and others,
Respondents.
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)
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Civil Action No. 17-24414-Civ-Scola
)
)
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Order Adopting Magistrate Judge’s Report And Recommendation
This case was referred to United States Magistrate Judge Patrick A.
White, consistent with Administrative Order 2003-19 of this Court, for a ruling
on all pre-trial, nondispositive matters and for a report and recommendation
on any dispositive matters. On January 30, 2018, Judge White issued a report,
recommending that the Court deny the Petitioner Ayanle Abdullah Ahmed’s
petition for writ of habeas corpus under 28 U.S.C. §§ 2241–43. (Report of
Magistrate, ECF No. 10.) The Respondents have filed a motion to dismiss,
notifying the Court that Ahmed has been released pending his removal from
the United States. (Defs.’ Mot., ECF No. 8.) Ahmed has not filed objections to
the report nor has he responded to the motion, and the time to do so has
passed. At the same time, the Court notes the Clerk has filed a notice of
undeliverable mail so it is possible that Ahmed may be unaware that his
objections are overdue.
The Court has nonetheless considered Judge White’s report, the record,
and the relevant legal authorities. The Court finds Judge White’s report and
recommendation cogent and compelling: because Ahmed has been released, his
petition is moot. The Court affirms and adopts Judge White’s report and
recommendation (ECF No. 10) and grants the Respondents’ motion to dismiss
(ECF No. 8). The Court dismisses Ahmed’s federal habeas corpus petition (ECF
No. 1). Finally, the Court directs the Clerk to close this case and deny any
pending motions as moot.
Done and ordered, at Miami, Florida, on February 23, 2018.
_______________________________
Robert N. Scola, Jr.
United States District Judge
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