Dogra v. Holder et al

Filing 11

ORDER denying petition for a writ of habeas corpus. Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 3/10/2010. (JMB)

UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF NEW YORK

K A P IL DOGRA, A 072-487-024, P e titio n e r , D E C IS IO N AND ORDER 0 9 -C V -9 1 8 A v.

ERIC H. HOLDER, JR. et al., R e s p o n d e n ts .

T h is case comes before the Court on a petition, filed on October 27, 2009, fo r a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Respondents filed o p p o s itio n papers, including a memorandum of law, on January 20, 2010. Petitioner filed reply papers on February 3, 2010. P e titio n e r filed his latest petition for habeas corpus relief just 55 days after th e Court adopted a Report and Recommendation from Magistrate Judge J e re m ia h J. McCarthy denying petitioner's prior petition. (See Case No. 09-CV6 5 , Dkt. Nos. 7, 8.) In this latest petition, petitioner does not cite to or a c k n o w le d g e his prior petition, let alone explain how his compliance with re s p o n d e n ts ' directives improved in the 55 days before this case commenced. Additionally, the Court finds that petitioner has not explained adequately the N o tic e s of Failure to Comply issued to him on September 9, 2009 and January 7, 2 0 1 0 . The Court finds, as it found when it denied the prior petition, that petitioner

continues to frustrate respondents' efforts to gather the information necessary to o b ta in travel documents from the Consulate of India. Under these circumstances, th e Court finds that continued detention is permitted at this time for the reasons s e t forth in the adopted Report and Recommendation for the prior petition. A c c o rd in g ly, the Court hereby denies the pending petition. This denial s h a ll be without prejudice to refile after 90 days and to demonstrate to the Court a t that time that petitioner has complied with respondents' requests for in fo r m a tio n . T h e Clerk of the Court is directed to close this case. SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE DATED: March 10, 2010

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