Joe v. Garland et al

Filing 15

ORDER ADOPTING 14 REPORT AND RECOMMENDATION. The Government's motion to dismiss (dkt. # 7 ) is GRANTED in part and DENIED in part. Petitioner's habeas petition (dkt. # 1 ) is GRANTED in part and DENIED in part. Petitioner's request f or release is DENIED. Petitioner's request for a bond hearing is GRANTED. Within 30 days of the date of this order, the Government shall provide Petitioner with a bond hearing pursuant to Diouf v. Napolitano, 634 F.3d 1081 (9th Cir. 2011). Signed by Judge Marsha J. Pechman. (SB)

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Case 2:21-cv-00998-MJP Document 15 Filed 11/16/21 Page 1 of 2 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 JIMMY JOE, Petitioner, 9 10 11 Case No. C21-998-MJP-MLP ORDER v. MERRICK GARLAND, et al., Respondents. 12 13 14 Having reviewed the Report and Recommendation of the Honorable Michelle L. 15 Peterson, United States Magistrate Judge, any objections or responses to that, and the remaining 16 record, the Court finds and ORDERS: 17 (1) The Court ADOPTS the Report and Recommendation. 18 (2) The Government’s motion to dismiss (dkt. #7) is GRANTED in part and 19 DENIED in part. 20 (3) Petitioner’s habeas petition (dkt. # 1) is GRANTED in part and DENIED in part. 21 (4) Petitioner’s request for release is DENIED. 22 23 ORDER - 1 Case 2:21-cv-00998-MJP Document 15 Filed 11/16/21 Page 2 of 2 1 (5) Petitioner’s request for a bond hearing is GRANTED. Within 30 days of the date 2 of this order, the Government shall provide Petitioner with a bond hearing pursuant to Diouf v. 3 Napolitano, 634 F.3d 1081 (9th Cir. 2011). 4 5 6 (6) The Clerk is directed to send copies of this Order to the parties and to Judge Peterson. Dated this 16th day of November, 2021. 7 A 8 Marsha J. Pechman United States Senior District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER - 2

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