Min v. United States of America

Filing 15

REPORT AND RECOMMENDATIONS re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by John Min, 14 Agreed Stipulated MOTION for Voluntary Dismissal of Habeas Action filed by John Min. Noting Date 4/23/2012, by Hon. Brian A Tsuchida. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment Order)(GS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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8 JOHN MIN,

Petitioner,

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v.

11 UNITED STATES OF AMERICA,
Respondent.

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Case No. C11-647-JCC
CR09-0083-JCC
ORDER GRANTING THE
STIPULATED MOTION AND
STRIKING THE EVIDENTIARY
HEARING

The Court, having reviewed petitioner’s motion under § 2255, the Report and

14 Recommendation of Brian A. Tsuchida, United States Magistrate Judge, and the remaining
15 record, does hereby find and Order:
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(1)

The Court adopts the Report and Recommendation;

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(2)

The stipulated motion to dismiss the matter (Dkt. 14) is GRANTED without

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prejudice;

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(3)

The evidentiary hearing set for June 19, 2012, is STRICKEN; and

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(4)

The Clerk shall send a copy of this Order to the parties and to Judge Tsuchida.

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DATED this ______ day of _________, 2012 .

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JOHN C. COUGENHOUR
United States District Judge
ORDER GRANTING THE STIPULATED MOTION AND STRIKING
THE EVIDENTIARY HEARING- 1