GURDON v. HOLDER

Filing 18

ORDER granting 15 Motion to Dismiss; adopting Report and Recommendations re 16 Report and Recommendations. Petitioner's Application for Writ of Habeas Corpus is dismissed without prejudice. Ordered by Judge W. Louis Sands on 4/22/2013. (bcl)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ALBANY DIVISION DARREN RODERICK GURDON, Petitioner, v. ERIC HOLDER, DANIEL A. BIBLE, and DEPARTMENT OF HOMELAND SECURITY, Respondents. : : : : : : : : : : : : Case No.: 1:12-CV-170 (WLS) ORDER Before the Court is a Recommendation of Dismissal from United States Magistrate Judge Stephen Hyles, filed February 11, 2013. (Doc. 16.) It is recommended that Respondents’ Motion to Dismiss Petitioner’s 28 U.S.C. 2241 application for habeas relief on mootness grounds be granted. No objections were filed within the fourteenday period provided pursuant to 28 U.S.C. § 636(b)(1). The objection period expired on February 25, 2013. (See Doc. 16 at 2; Docket). Upon full review and consideration upon the record, the Court finds that said Recommendation of Dismissal (Doc. 16) should be, and hereby is, ACCEPTED, ADOPTED and made the Order of this Court for reason of the findings made and reasons stated therein. GRANTED. Therefore, Respondents’ Motion to Dismiss (Doc. 15) is Accordingly, it is hereby ORDERED AND ADJUDGED that Petitioner’s Application for Writ of Habeas Corpus (Doc. 1) is DISMISSED without 1 prejudice. SO ORDERED, this 22nd day of April, 2013. /s/ W. Louis Sands___________________ THE HONORABLE W. LOUIS SANDS, UNITED STATES DISTRICT COURT 2

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