Ousman v. Kelly et al

Filing 14

ORDER directing parties to file a Joint Status Report due by 9/29/2017; Clerk directed to RE-NOTE Government's 10 Motion to Dismiss for 9/29/2017. Signed by Magistrate Judge Mary Alice Theiler. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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WAGGEH OUSMAN,
Petitioner,

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Case No. C17-1014-JLR-MAT
ORDER FOR JOINT STATUS
REPORT

v.
ELAINE DUKE, et al.,
Respondents.

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Petitioner brought this 28 U.S.C. § 2241 immigration habeas action to obtain release from

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allegedly indefinite detention in violation of Zadvydas v. Davis, 533 U.S. 678 (2001). (See Dkt.

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1.) On August 14, 2017, the Government moved to dismiss, arguing that petitioner’s detention

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was not indefinite. (Dkt. 10.) On August 25, 2017, the Government notified the Court that it had

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obtained a travel document and planned to remove petitioner to The Gambia on September 12,

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2017. (Dkts. 12 & 12-1.) Petitioner, who is represented by counsel, did not respond to the

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Government’s motion to dismiss. Given the foregoing, the Court finds and ORDERS:

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(1)

By September 29, 2017, the parties shall file a joint status report addressing

whether petitioner has been removed and, if so, whether the parties agree that this matter is moot.
(2)

The Clerk is directed to RE-NOTE the Government’s motion to dismiss (Dkt. 10)

ORDER FOR JOINT STATUS REPORT 1

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for September 29, 2017, and to send copies of this order to the parties and to the Honorable James

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L. Robart.

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Dated this 15th day of September, 2017.

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A

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Mary Alice Theiler
United States Magistrate Judge

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ORDER FOR JOINT STATUS REPORT 2