WILCINOT v. HOLDER et al

Filing 12

ORDER granting 8 Motion to Withdraw Petition; adopting 9 Report and Recommendations; finding as moot 11 Motion to Dismiss. Ordered by U.S. District Judge HUGH LAWSON on 9/23/2014. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION

ERNSON WILCINOT,
Petitioner,
v.

Civil Action No. 7:14-CV-122 (HL)

ERIC HOLDER et al.,
Respondents.

ORDER
This case is before the Court on a Recommendation from United
States Magistrate Judge Stephen Hyles (Doc. 9). On August 25, 2014,
Petitioner filed a Motion to Withdraw Petition for Writ of Habeas Corpus (Doc. 8),
informing the Court that his removal proceedings were terminated and that he
was released from custody on August 7, 2014. Because Petitioner’s request for
habeas relief pursuant to 28 U.S.C. § 2241 is now moot, the Magistrate Judge
recommends granting Petitioner’s motion and dismissing his application for writ
of habeas corpus without prejudice.
The parties filed no objections to the Recommendation. The Court
reviewed

the

Recommendation

for

clear error and finds none. The

Recommendation is accepted and adopted. The Court hereby grants Petitioner’s

Motion to Withdraw Petition for Writ of Habeas Corpus (Doc. 8) and dismisses
Petitioner’s application without prejudice.
Subsequent to the entry of the Magistrate Judge’s Report and
Recommendation, Respondents filed their Motion to Dismiss Petition for Writ of
Habeas Corpus (Doc. 11). Respondents’ motion is denied as moot.
SO ORDERED, this the 23rd day of September, 2014.
s/ Hugh Lawson_______________
HUGH LAWSON, SENIOR JUDGE

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