Nguyen v. Holder et al

Filing 24

ORDER (memorandum filed previously as separate docket entry)(1) Judge Schwabs report and recommendation, (Doc. No. 21), is ADOPTED IN FULL.(2) The petitioners petition for writ of habeas corpus, (Doc. No. 1), is DISMISSED as moot.(3) Pursuant to 28 U.S.C. §2253(c)(2), the court declines to issue a certificate of appealability.(4) The clerk is directed to close this case. Signed by Honorable Malachy E Mannion on 10/22/13. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
TOAN NGUYEN,

:
Petitioner

ATTORNEY GENERAL ERIC
HOLDER,

CIVIL ACTION NO. 3:13-838

:

v.

:

(MANNION, D.J.)
(SCHWAB, M.J.)

:
:

Respondent
:
ORDER
For the reasons stated in the foregoing memorandum issued this same
day IT IS HEREBY ORDERED that:
(1) Judge Schwab’s report and recommendation, (Doc. No. 21), is
ADOPTED IN FULL.
(2) The petitioner’s petition for writ of habeas corpus, (Doc. No. 1), is
DISMISSED as moot.
(3) Pursuant to 28 U.S.C. §2253(c)(2), the court declines to issue a
certificate of appealability.
(4) The clerk is directed to close this case.

s/Malachy E. Mannion

MALACHY E. MANNION
United States District Judge
Date: October 22, 2013
O:\Mannion\shared\MEMORANDA - DJ\2013 MEMORANDA\13-838-ORDER.wpd