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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 JOHN MIN, Petitioner, 9 10 v. 11 UNITED STATES OF AMERICA, Respondent. 12 13 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: 16 (1) The Court adopts the Report and Recommendation; 17 (2) The stipulated motion to dismiss the matter (Dkt. 14) is GRANTED without 18 prejudice; 19 (3) The evidentiary hearing set for June 19, 2012, is STRICKEN; and 20 (4) The Clerk shall send a copy of this Order to the parties and to Judge Tsuchida. 21 DATED this ______ day of _________, 2012 . 22 23 JOHN C. COUGENHOUR United States District Judge ORDER GRANTING THE STIPULATED MOTION AND STRIKING THE EVIDENTIARY HEARING- 1

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