Yintang v. Cropp et al

Filing 14

FINAL ORDER. It is ORDERED that 8 Motion to Dismiss for Lack of Jurisdiction be GRANTED and the 1 Petition be DENIED and DISMISSED. Signed by District Judge Raymond A. Jackson on 8/10/2017. Copies mailed 8/10/2017. (jmey, )

FILED

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINlK
Norfolk Division

CAO YINTANG, #A-079-339-456,

AUG 1 0 2017
CLERK. US DtSTqiCT COURT
NOR.-ni K VA

Petitioner,
Civil Action No. 2:17-CV-30

V.

RICHARD CROPP, et ai.

Respondents.
FINAL ORDER

This matter was initiated by petition for a writ of liabeas corpus under 28 U.S.C. § 2241.
Petitioner, an immigration detainee, seeks relief from detention pending his deportation to his
country of citizenship, China.

The matter was referred to a United States Magistrate Judge pursuant to the provisions of28
U.S.C. § 636(b)(1)(B) and (C) and Rule 72 of the Rules of the United States District Court for the
Eastern District of Virginia for report and recommendation. Because Petitioner was released from
custody subject to an order ofsupervision, the Magistrate Judge filed a Report and Recommendation
on June 22, 2017, recommending his petition be denied and dismissed as moot. By copy of the
report, each party was advised of his right to file written objections to the findings and
recommendations made by the Magistrate Judge. Petitioner's copy was mailed to his address of

record because he had not provided the court with any new address as required byLocal Rule 7(B).'
The Court has received no objections to the MagistrateJudge's Report and Recommendation and the
time for filing objections has now expired.

'Petitioner's copy ofthe Report was relumed asundeliverable and the Magistrate Judge directed another copy ofthe
Report be mailed to Petitioner at the address provided on the Order of Supervision anached to Respondent's brief in
support of motion to dismiss.
1

Accordingly, the Court does hereby accept the findings and recommendations set forth in the
report ofthe United States Magistrate Judge filed June 22,2017, and it is, therefore ORDERED that
respondent's Motion to Dismiss be GRANTED, and that the petition be DENIED and DISMISSED
as moot.

Petitioner may appeal from the judgment entered pursuant to this Final Order by filing a

written notice of appeal with the Clerk of this court, United States Courthouse, 600 Granby Street,

Norfolk, Virginia 23510, within sixty (60) days from the date of entry of such judgment.
The Clerk shall mail a copy ofthis Final Order to petitioner at the address on record with the
court and to the address listed on his Order of Supervision, 2495 South Mason Drive, Apt. 935,
Katy, Texas, 77450, and provide an electronic copy of the Final order to counsel of record for
respondent.

RAYMOND A. JA(
CHIEF UNITED STATES DISTRICT JUDGE
2017