Yelengi v. Lynch et al

Filing 19

ORDER adopting 18 Report and Recommendation. The Petition for Writ of Habeas Corpus Under 28 U.S.C. Section 2441 [Doc. No. 1] is Denied as Moot. Petitioner's request for attorney's fees is Denied. This action is Dismissed Without Prejudice for lack of jurisdiction. (Written Opinion) Signed by Judge Susan Richard Nelson on 05/16/2017. (SMD)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Nkasa Mesa Yelengi, Civil No. 16-cv-2397 (SRN/TNL) Petitioner, v. ORDER Loretta Lynch, Attorney General, Jeh Johnson, Secretary of the Department of Homeland Security, and Sarah Saldana, U.S. ICE Field Office for the St. Paul Field Office and Warden of Immigration Detention Facility, Respondents. Nkasa Mesa Yelengi, 4030 Pitt Street, Duluth, MN 55804 (pro se Petitioner); and Ana H. Voss and D. Gerald Wilhelm, Assistant United States Attorneys, United States Attorney’s Office, 300 South Fourth Street, Suite 600, Minneapolis, MN 55415 (for Respondent). Based upon the Report and Recommendation by United States Magistrate Judge Tony N. Leung dated April 26, 2017 [Doc. No. 18], along with all the files and records, and no objections to said Recommendation having been filed, IT IS HEREBY ORDERED that: 1. Petitioner’s Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 [Doc. No. 1] is DENIED AS MOOT. 2. Petitioner’s request of attorney’s fees is DENIED. 3. This action is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. LET JUDGMENT BE ENTERED ACCORDINGLY. Date: May 16, 2017 s/Susan Richard Nelson SUSAN RICHARD NELSON United States District Judge

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