Emmanuel v. Holder et al

Filing 17

JUDGMENT ADOPTING the findings and conclusions of Report and Recommendation. IT IS ORDERED that the Motion to Dismiss 13 is GRANTED and the petition be DENIED AND DISMISSED WITH PREJUDICE. The evidentiary hearing scheduled for 9/23/09, is cancelled. Signed by Judge Richard T Haik, Sr on 8/26/09. (crt,Brazell, G)

USDC, WESTERN DISTRICT OF LA TONV R. MOORE, CLERK DATE /~

RECEIVED

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION CIVIL ACTION NO. 09-700 JUDGE HAIK MAGISTRATE JUDGE METH YIN

SAINTIL EMMANUEL VS. ERIC H. HOLDER, JR.

JUDGMENT

This matter was referred to United States Magistrate Judge Mildred E. Methvin for a Report and Recommendation. After an independent review of the record, and noting the absence of any objections, this Court concludes that the Report and Recommendation of the Magistrate Judge is correct and adopts the findings and conclusions therein as its own. Accordingly, IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Motion to Dismiss (rec. doc. 13) be GRANTED and the petition be DENIED AND DISMISSED WITH PREJUDICE as moot.
IT IS FURTHER ORDERED that the writ of habeas corpus ad testificandum

previously issued in this action is recalled and the evidentiary hearing presently scheduled for September 23, 20 9, is cancelled. ______________________ Louisiana, thi,~~'

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/t~~oo9.

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tICHARD T. HAIK~', R. S
DISThICT JUDGE