Ork v. Sessions et al

Filing 13

REPORT AND RECOMMENDATION signed by Hon. James P. Donohue re 7 MOTION to Dismiss and 12 Stipulated MOTION to Dismiss. Noting Date 4/9/2018, (Attachments: # 1 R&R Proposed Order, # 2 R&R Proposed Judgment) (PM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 VY ORK, Petitioner, 9 11 REPORT AND RECOMMENDATION v. 10 Case No. C18-115-JLR-JPD JEFFERSON SESSIONS, et al., Respondents. 12 13 14 Petitioner brought this 28 U.S.C. § 2241 immigration habeas action to obtain release from 15 immigration detention. On March 5, 2018, the Government filed a motion to dismiss. Dkt. 7. 16 On April 4, 2018, the parties filed a stipulated motion to dismiss this action as moot because 17 petitioner has been removed to Cambodia. Dkt. 12. Accordingly, the Court recommends that 18 the parties’ stipulated motion to dismiss, Dkt. 12, be GRANTED; the Government’s motion to 19 dismiss, Dkt. 7, be DENIED as moot; and this action be DISMISSED without prejudice and 20 without costs or fees to either party. A proposed order accompanies this Report and 21 Recommendation. 22 \\ 23 \\ REPORT AND RECOMMENDATION - 1 1 2 3 The Clerk is directed to note this matter as immediately ready for the consideration of the Honorable James L. Robart. Dated this 9th day of April, 2018. 4 A 5 JAMES P. DONOHUE United States Magistrate Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 REPORT AND RECOMMENDATION - 2

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