Ruvalcaba v. ICE Field Office Director

Filing 7

ORDER WITHDRAWING REPORT AND RECOMMENDATIONS AND DIRECTING RETURN AND STATUS REPORT, 2241 PETITION by Hon. Mary Alice Theiler. Electronic posting of this Order shall effect service on the United Sates Attorney and respondent(s). Within 30 days of t he date of this Order, respondent(s) shall file a return and status report. In accordance with LCR 7, respondent(s) shall note the return for consideration on the fourth Friday after it is filed. Petitioner may file and serve a response not later than the Monday immediately preceding the Friday appointed for consideration. The Courts February 9, 2017 Report and Recommendation regarding petitioners IFP application (Dkt. 5) is WITHDRAWN as moot.(SG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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GERMAN RUVALCABA,
Petitioner,

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Case No. C16-1970-RAJ-MAT

Respondent.

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ORDER WITHDRAWING REPORT
AND RECOMMENDATION AND
DIRECTING RETURN AND STATUS
REPORT, § 2241 PETITION

v.
ICE FIELD OFFICE,

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Petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 2241 and an

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application for leave to proceed in forma pauperis (“IFP”). Because petitioner had sufficient funds

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to pay the $5.00 filing fee, the Court recommended that his IFP application be denied. (Dkt. 5.)

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Petitioner has since paid the filing fee, and the Court’s Report and Recommendation remains

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pending. Based on the foregoing, the Court finds and ORDERS:

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(1)

The Court’s February 9, 2017 Report and Recommendation regarding petitioner’s

IFP application (Dkt. 5) is WITHDRAWN as moot.
(2)

If not previously accomplished, electronic posting of this Order and petitioner’s §

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2241 habeas petition shall effect service upon the United States Attorney of the petition and all

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supporting documents. Service upon the United States Attorney is deemed to be service upon the
ORDER - 1

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ICE Field Office Director.
(3)

Within 30 days of the date this Order is posted, respondent(s) shall show cause

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why a writ of habeas corpus should not be granted by filing a return as provided in 28 U.S.C. §

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2243. As a part of such return, respondent(s) shall submit a memorandum of authorities in support

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of her position, and should state whether an evidentiary hearing is necessary. Respondent(s) shall

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file the return with the Clerk of the Court and shall serve a copy upon petitioner.

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(4)

The return will be treated in accordance with LCR 7. Accordingly, on the face of

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the return, respondent(s) shall note it for consideration on the fourth Friday after it is filed, and the

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Clerk shall note the return accordingly. Petitioner may file and serve a response not later than the

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Monday immediately preceding the Friday appointed for consideration of the matter, and

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respondent(s) may file and serve a reply brief not later than the Friday designated for consideration

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of the matter.

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(5)

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Richard A. Jones.

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The Clerk is directed to send copies of this Order to petitioner and to the Honorable

DATED this 28th day of February, 2017.

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A

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Mary Alice Theiler
United States Magistrate Judge

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ORDER - 2