Vega v. Federal Bureau of Prisons et al

Filing 24

ORDER OF DISMISSAL WITH PREJUDICE AND ADOPTING REPORT AND RECOMMENDATIONS re 23 Objections to Report and Recommendation, filed by Juan D Vega, Jr by Judge Marsha J. Pechman. (MD, mailed copy of order to J. Vega)

1 2 3 4 5 6 7 8 JUAN D. VEGA, 9 Petitioner, 10 v. 11 FEDERAL BUREAU OF PRISONS, et al. 12 Respondents. 13 14 ) ) ) ) ) ) ) ) ) ) Case No. C09-5076-MJP-JPD ORDER OF DISMISSAL WITH PREJUDICE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

The Court, having reviewed Petitioner's 28 U.S.C. § 2241 petition for writ of habeas

15 corpus (Dkt. No. 5), Petitioner's motions (Dkt. Nos. 6, 11), the Report and Recommendation of 16 United States Magistrate Judge James P. Donohue (Dkt. No. 22), Petitioner's objections (Dkt. No. 17 23), the governing law, and the balance of the record, does hereby find and ORDER: 18 19 20 21 22 23 (1) (2) The Court adopts the Report and Recommendation; The Court has reviewed Petitioner's objections to the Report and Recommendations. (Dkt. No. 23.) The objections do not establish a live controversy. Petitioner's motion for a temporary restraining order requests an order "directing Respondent to release Petitioner immediately." (Dkt. No. 6 at 1.) There is no question Petitioner has been released. The Court is therefore unable to grant the requested relief. ORDER OF DISMISSAL WITH PREJUDICE-1

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(3) (4)

Petitioner's motion for a preliminary injunction (Dkt. No. 6) is DENIED as moot; Petitioner's motion for leave to conduct discovery (Dkt. No. 11) is DENIED as moot;

(5)

Petitioner's 28 U.S.C. § 2241 petition for writ of habeas corpus (Dkt. No. 5) is DISMISSED with prejudice as moot; and

(6)

The Clerk of Court is directed to send copies of this Order to petitioner and to Magistrate Judge James P. Donohue.

DATED this 24th day of November, 2009.

Marsha J. Pechman United States District Judge

A

ORDER OF DISMISSAL WITH PREJUDICE-2