v. Jerez

Filing 23

ORDER - The Magistrate Judge's Findings and Recommendation 22 is adopted. Petitioner's amended petition for a writ of habeas corpus 16 is denied. This action is dismissed. Respondents' motion to dismiss 20 is denied as moot. Ordered by Senior Judge Lyle E. Strom. (KBJ)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JOSE FAVIO JEREZ MOLINA, ) ) Petitioner, ) ) v. ) ) ERIC HOLDER, Attorney General;) JANET NAPOLITANO, Secretary ) of Homeland Security; JOHN ) MORTON, Assistant Secretary ) for U.S. Immigration and ) Customs Enforcement; GREG ) JENSEN, U.S. Immigration and ) Customs Enforcement; JEFF ) NEWTON, Director, Douglas ) County Corrections, ) ) Respondents. ) ______________________________)

8:09CV283

ORDER

This matter is before the Court on the findings and recommendation of the magistrate judge (Filing No. 22), recommending that petitioner's amended petition for a writ of habeas corpus (Filing No. 16) be denied and that respondents' motion to dismiss (Filing No. 20) be denied. those findings and recommendation were made. No objections to The Court has

reviewed the amended petition, the motion to dismiss and the transcript of the hearing (Filing No. 17), and finds the recommendation of the magistrate judge should be approved and adopted. Accordingly, IT IS ORDERED: 1) Petitioner's amended petition for a writ of habeas corpus is denied. This action is dismissed.

2) Respondents' motion to dismiss is denied as moot. DATED this 26th day of January, 2010. BY THE COURT: /s/ Lyle E. Strom ____________________________ LYLE E. STROM, Senior Judge United States District Court

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