Monge-Piedra et al

Filing 72

ORDER OF DISMISSAL by Judge Thomas S. Zilly. (LMK) CC: Petitioners

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01 02 03 04 05 06 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 07 08 HERMELANDO MONGE-PIEDRA, et al., ) ) 09 Petitioners, ) ) 10 v. ) ) 11 DEPARTMENT OF HOMELAND ) SECURITY, et al., ) 12 ) Respondents. ) 13 ____________________________________ ) 14 CASE NO. C14-0457-TSZ ORDER OF DISMISSAL The Court, having reviewed the Report and Recommendation of the Honorable Mary 15 Alice Theiler, United States Magistrate Judge, docket no. 71, to which no timely objection was 16 filed, Orders as follows: 17 1. The Court ADOPTS the Report and Recommendation; 18 2. Respondents’ motion to dismiss, docket no. 70, is GRANTED; 19 3. The first, second, third, and sixth claims in petitioner’s amended habeas petition, 20 docket no. 58, are DISMISSED without prejudice for lack of jurisdiction, the 21 fourth and fifth claims in the amended petition are DENIED as moot, and the 22 ORDER OF DISMISSAL PAGE -1 01 seventh claim in the amended petition, concerning access to counsel, is 02 DENIED on the merits; 03 04 05 4. The Clerk is DIRECTED to close this case and to send a copy of this Order to the parties and to Magistrate Judge Theiler. DATED this 6th day of November , 2014. 06 07 A 08 THOMAS S. ZILLY United States District Judge 09 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER OF DISMISSAL PAGE -2

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