Shahid v. Lowe

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS HEREBY ORDERED that 17 Chief Magistrate Judge Schwab's Report and Recommendation is adopted; Petitioner's emergency petition is denied as moot; Clerk directed to close this case. Signed by Honorable Matthew W. Brann on 4/30/19. (case closed)(lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MIAN M. SHAHID,
Petitioner,
v.

No. 4:18-CV-01100
(Judge Brann)
(Chief Magistrate Judge Schwab)

WARDEN CRAIG A. LOWE,
Respondent.
ORDER
APRIL 30, 2019
1.

On December 7, 2018, Petitioner, an alien in immigration custody, filed an
emergency petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. §
2241. ECF No. 1.

2.

On February 7, 2019, Chief Magistrate Judge Susan E. Schwab ordered
the parties to file a status report addressing whether Petitioner was still
being held under 8 U.S.C. § 1226(c), or under 8 U.S.C. § 1231(a). Chief
Magistrate Judge Schwab also ordered parties to address that if Petitioner
was being held under § 1231(a), whether his habeas petition challenging
his detention under § 1226(c) is moot. ECF No. 15.

3.

Respondent filed a status report on March 7, 2019 confirming that
Petitioner is no longer being held under § 1226(c) and explaining that
because Petitioner’s removal order is administratively final, and the United

States Court of Appeals for the Third Circuit denied his request for a stay,
Petitioner is being held under § 1231(a).

Defendant contends that

Petitioner’s petition challenging his detention under § 1226(c) is moot.
ECF No. 16.
4.

Petitioner has not filed a status report pursuant to Chief Magistrate Judge
Schwab’s February 9, 2019 Order and he has not filed any response to
Respondent’s contention that the case is moot.

5.

On March 20, 2019, Chief Magistrate Judge Schwab recommended that
Petitioner’s emergency petition for a Writ of Habeas Corpus be dismissed
as moot and the case file be closed. ECF No. 17.

6.

Neither party has objected to that recommendation.

7.

This Court has reviewed Magistrate Judge Schwab’s Report and
Recommendation and has determined that “there is no clear error on the
face of the record.”1

8.

Therefore, IT IS HEREBY ORDERED that:
a.

Chief Magistrate Judge Schwab’s Report and Recommendation,
ECF No. 10, is ADOPTED IN IS ENTIRETY.

1

See Univac Dental Co. v. Dentsply Intern., Inc., 702 F. Supp. 2d 465, 469 (M.D. Pa. 2010)
(“When no timely objection is filed [to a Report and Recommendation], the court need only
satisfy itself that there is no clear error on the face of the record in order to accept” it.).

b.

Petitioner’s emergency petition for a Writ of Habeas Corpus is
DENIED AS MOOT.

c.

The Clerk of Court is directed to CLOSE this case.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge