TABATABEE v. HOLDER et al

Filing 16

ORDER ADOPTING 10 Report and Recommendations, DISMISSING 1 Petition for Writ of Habeas Corpus, FINDING AS MOOT 14 Motion for Reconsideration, and FINDING AS MOOT 15 Motion to Strike for Sanctions. Ordered by Judge Marc Thomas Treadwell on 9/7/2012. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
CASEY KIA TABATABEE,
Petitioner,
v.
U.S. ATTORNEY GENERAL ERIC
HOLDER, IMMIGRATION AND
CUSTOMS ENFORCEMENT, et al. ,
Respondents.

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CIVIL ACTION NO. 5:12-CV-217(MTT)

ORDER
This matter is before the Court on the Recommendation of United States
Magistrate Judge Stephen Hyles (Doc. 10) on the Petitioner Casey Tia Tabatabee’s
Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2241 (Doc. 1). The
Petitioner has moved for Reconsideration of the Magistrate Judge’s denial of her
Motions for an Evidentiary Hearing, to Appoint Counsel, for Discovery and for
Miscellaneous Relief. (Doc. 14). The Petitioner has also filed a “Motion to Strike for
Sanctions.” (Doc. 15).
First, the Magistrate Judge notes that the Petitioner’s Petition should be
construed as one filed pursuant to 28 U.S.C. § 2254, rather than § 2241. Further,
because the Petitioner has a pending § 2254 petition in the United States District Court
for the Northern District of Georgia, the Magistrate Judge recommends dismissing the
Petition.1 The Petitioner objects to the Magistrate Judge’s recommendation to dismiss
his Petition. Pursuant to 28 U.S.C. § 636(b)(1), the Court has considered the
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See Tabatabee v. Barrow, 2:12-cv-150-WCO-SSC (N.D. Ga).

Petitioner’s Objection and made a de novo determination of the portions of the
Recommendation to which he objects. The Court has reviewed the Petition, the
Recommendation and the Petitioner’s Objection, and the Court accepts and adopts the
findings, conclusions and recommendations of the Magistrate Judge. The
Recommendation is adopted and made the order of this Court.
Accordingly, the Plaintiff’s Petition is DISMISSED. (Doc. 1). The Petitioner’s
Motions to Reconsider and to Strike for Sanctions are deemed MOOT. (Docs. 14 and
15).
SO ORDERED, this the 7th day of September, 2012.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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