Smith v. Sabol

Filing 26

ORDER (Memorandum previously filed) denying 3 Motion for Preliminary Injunction; denying 18 Motion to Expedite; denying 19 Motion to Expedite; denying 22 Motion to Expedite. Petitioners motion (ECF No. 3) for preliminary injunctionis DEN IED. Petitioners motions (ECF Nos. 18, 19 and 22) toexpedite decision are DENIED. Mr. Smiths petition for writ of habeas corpus is DENIED. ICE shall treat the instant petition for writ of habeascorpus as a request for release under 8 C.F.R. § § 241.4and 241.13. ICE shall provide Mr. Smith with a responseto his request within thirty (30) days. Copy of thePetition and this Memo & Order have been mailed to the Warden of York CountyPrison and the United States Attorney.This case is CLOSED. Signed by Honorable A. Richard Caputo on 9/25/2017 (bg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
AUGUSTINO SMITH,
Petitioner
v.
MARY SABOL,

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CIVIL NO. 3:CV-16-2226
(Judge Caputo)

Respondent
ORDER
AND NOW, this 25th day of SEPTEMBER, 2017, upon consideration of the
petition for writ of habeas corpus (ECF No. 1) and Mr. Smith’s pending motions
(ECF Nos. 3, 18, 19 and 22), and in accordance with this Court’s accompanying
Memorandum, it is hereby ORDERED that:
1.

Petitioner’s motion (ECF No. 3) for preliminary injunction
is DENIED.

2.

Petitioner’s motions (ECF Nos. 18, 19 and 22) to
expedite decision are DENIED.

3.

Mr. Smith’s petition for writ of habeas corpus is DENIED.

4.

ICE shall treat the instant petition for writ of habeas
corpus as a request for release under 8 C.F.R. §§ 241.4
and 241.13. ICE shall provide Mr. Smith with a response
to his request within thirty (30) days.

5.

The Clerk of Court is directed to serve a copy of the
Petition and this Order on the Warden of the York County
Prison and the United States Attorney.

6.

The Clerk of Court is directed to CLOSE this case.

/s/ A. RICHARD CAPUTO
A. RICHARD CAPUTO
United States District Judge