Ousman v. Kelly et al
Filing
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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
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