Morales Morales v. Johnson et al

Filing 16

REPORT AND RECOMMENDATIONS Noting Date 10/20/2014, by Hon. James P. Donohue. (Attachments: # 1 Proposed Order, # 2 Proposed judgment)(MD)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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GUSTAVO MORALES MORALES,
NO. C14-1064-MJP-JPD

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Petitioner,
REPORT AND
RECOMMENDATION

v.
JEH JOHNSON, et al.,

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Respondents.

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Petitioner Gustavo Morales Morales, a native and citizen of Mexico, was previously

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detained by U.S. Immigration and Customs Enforcement at the Northwest Detention Center

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under a reinstated order of removal. See Dkt. 1. Through counsel, petitioner filed the instant

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habeas corpus petition pursuant to 28 U.S.C. § 2241, seeking a bond hearing or release from

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detention. Id.

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On October 15, 2014, an Immigration Judge granted petitioner release on bond, and the

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Department of Homeland Security waived appeal. Dkt. 15. On October 17, 2014, the parties

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filed a joint stipulation of dismissal. Id. The parties stipulate that petitioner’s request for a bond

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hearing is moot and petitioner withdraws his alternate request for release. Id. The parties further

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stipulate that each shall bear their own costs and fees. Id.

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REPORT AND RECOMMENDATION - 1

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Based on the parties’ stipulation, the Court recommends entering an Order (1) granting

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the parties’ joint stipulation, Dkt. 15; (2) denying as moot respondents’ motion to dismiss, Dkt.

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9; and (3) voluntarily dismissing this matter without prejudice and without costs or fees to either

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party. A proposed Order accompanies this Report and Recommendation.

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The Clerk should note the matter for October 20, 2014, as ready for the Honorable
Marsha J. Pechman’s consideration.
DATED this 20th day of October, 2014.

A

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JAMES P. DONOHUE
United States Magistrate Judge

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REPORT AND RECOMMENDATION - 2