Montero v. Attorney General et al

Filing 24

ORDER adopting re 18 Report and Recommendations. Therefore, the Attorney General; Janet Napolitano, Secretary of Dept of Home Land Security; and John T. Morton, Asst Sec of US Immigration and Customs Enforement are Dismissed from this case, the instant petition is Dismissed and this action is Closed. Signed by Judge Dudley H. Bowen on 8/31/09. (cmr)

ORIGINAL
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION

jjr 4:\

CLAUDIO MONTERO, Petitioner,
V.

CV 30S-012

WALT WELLS, Warden, et al., Respondents.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, the Attorney General; Janet Napolitano, Secretary of Department of Home Land Security; and John T. Morton, Assistant Secretary of U.S. Immigration and Customs Enforcement, are DISMISSED from this case,' the instant petition filed pursuant

'Petitioner also named Michael V. Pugh as a Respondent in this case. However, in a habeas proceeding, the case or controversy is between the person in custody and his custodian. Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004) ("[L]ongstanding practice confirms that in habeas challenges to present physical confinement. . the default rule is that the proper respondent is the warden of the facility where the prisoner is being held. . . Wacker v. Bisson, 348 F.2d 602, 605 (5th Cir. 1965). Thus, as Walt Wells, Petitioner's custodian by virtue of his position as Warden at McRae, is the proper Respondent, Michael V. Pugh is DISMISSED.

to 28 U.S.C. § 2241 is DLSM1S SO ORDERED this

without prejudice, and this civil action is CLOSED. ^ 2009, at Augusta, Georj.. of ust,

UNITED STATFIS DISTRICT JUDGE

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