Ruvalcaba v. ICE Field Office Director
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 The Courts February 9, 2017 Report and Recommendation regarding petitioners IFP application (Dkt. 5) is WITHDRAWN as moot.(SG)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
Case No. C16-1970-RAJ-MAT
ORDER WITHDRAWING REPORT
AND RECOMMENDATION AND
DIRECTING RETURN AND STATUS
REPORT, § 2241 PETITION
ICE FIELD OFFICE,
Petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 2241 and an
application for leave to proceed in forma pauperis (“IFP”). Because petitioner had sufficient funds
to pay the $5.00 filing fee, the Court recommended that his IFP application be denied. (Dkt. 5.)
Petitioner has since paid the filing fee, and the Court’s Report and Recommendation remains
pending. Based on the foregoing, the Court finds and ORDERS:
The Court’s February 9, 2017 Report and Recommendation regarding petitioner’s
IFP application (Dkt. 5) is WITHDRAWN as moot.
If not previously accomplished, electronic posting of this Order and petitioner’s §
2241 habeas petition shall effect service upon the United States Attorney of the petition and all
supporting documents. Service upon the United States Attorney is deemed to be service upon the
ORDER - 1
ICE Field Office Director.
Within 30 days of the date this Order is posted, respondent(s) shall show cause
why a writ of habeas corpus should not be granted by filing a return as provided in 28 U.S.C. §
2243. As a part of such return, respondent(s) shall submit a memorandum of authorities in support
of her position, and should state whether an evidentiary hearing is necessary. Respondent(s) shall
file the return with the Clerk of the Court and shall serve a copy upon petitioner.
The return will be treated in accordance with LCR 7. Accordingly, on the face of
the return, respondent(s) shall note it for consideration on the fourth Friday after it is filed, and the
Clerk shall note the return accordingly. Petitioner may file and serve a response not later than the
Monday immediately preceding the Friday appointed for consideration of the matter, and
respondent(s) may file and serve a reply brief not later than the Friday designated for consideration
of the matter.
Richard A. Jones.
The Clerk is directed to send copies of this Order to petitioner and to the Honorable
DATED this 28th day of February, 2017.
Mary Alice Theiler
United States Magistrate Judge
ORDER - 2
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