Murillo-Chavez et al v. Garland et al

Filing 14

ORDER ADOPTING 13 REPORT AND RECOMMENDATION. The Government's motion to dismiss, Dkt. No. 10 , is GRANTED, Mr. Murillo-Chavez's petition for writ of habeas corpus, Dkt. No. 6 , is DENIED, and this action is DISMISSED with prejudice. Signed by Judge Lauren King. (LH) (cc: Petitioner via US mail)

Case 2:22-cv-00303-LK Document 14 Filed 10/31/22 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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EDGAR MURILLO-CHAVEZ,
Plaintiff,
v.

CASE NO. 2:22-cv-0303-LK
ORDER ADOPTING REPORT AND
RECOMMENDATION

MERRICK B. GARLAND et al.,
Defendants.

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This matter comes before the Court on the Report and Recommendation of United States

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Magistrate Judge Michelle L. Peterson. Dkt. No. 13. Judge Peterson recommends that the Court

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grant the Government’s motion to dismiss, Dkt. No. 10, and deny Mr. Murillo-Chavez’s petition

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for a writ of habeas corpus, Dkt. No. 6. See Dkt. No. 13 at 14. Mr. Murillo-Chavez is currently

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detained by U.S. Immigration and Customs Enforcement at the Northwest ICE Processing Center

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in Tacoma, Washington and filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241

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seeking to obtain release from detention or a bond hearing. Dkt. No. 6.

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Judge Peterson signed and issued the Report and Recommendation on August 30, 2022.

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Dkt. No. 13 at 14. She informed the parties that any objections to the Report and Recommendation

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ORDER ADOPTING REPORT AND RECOMMENDATION - 1

Case 2:22-cv-00303-LK Document 14 Filed 10/31/22 Page 2 of 2

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had to be filed “within twenty-one (21) days of the date on which this Report and Recommendation

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is signed” and that “[f]ailure to file objections within the specified time may affect your right to

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appeal.” Id. (emphasis omitted). No party filed objections. The Court reviews findings and

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recommendations “if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328

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F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original). No objections having been filed,

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the Court hereby orders as follows:

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(1) The Report and Recommendation, Dkt. No. 13, is ADOPTED.

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(2) The Government’s motion to dismiss, Dkt. No. 10, is GRANTED, Mr. Murillo-

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Chavez’s petition for writ of habeas corpus, Dkt. No. 6, is DENIED, and this action is

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DISMISSED with prejudice.

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The Clerk is directed to send uncertified copies of this Order to Mr. Murillo-Chavez at his

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last known address and to the Honorable Michelle L. Peterson.
Dated this 31st day of October, 2022.

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A

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Lauren King
United States District Judge

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ORDER ADOPTING REPORT AND RECOMMENDATION - 2