Opinion
Case No. 19-CV-36 (NEB/KMM)
05-14-2019
Felix P., Petitioner, v. SECRETARY OF DEPARTMENT OF HOMELAND SECURITY; GENERAL WILLIAM BARR, United States Attorney General; PETER BERG, ICE Field Office Director; and KURT FREITAG, Freeborn County Sheriff, Respondents.
ORDER ACCEPTING REPORT AND RECOMMENDATION
This is a habeas action brought under 28 U.S.C. § 2241 by Petitioner Felix P., a removable alien. In a Report and Recommendation dated April 11, 2019 [ECF No. 14 ("R&R")], United States Magistrate Judge Katherine Menendez recommended that the Petition be denied as moot, the TRO motion be denied, and that the suit be dismissed without prejudice because Petitioner was returned to Liberia and the Court cannot give him the relief he seeks—an order requiring immediate release pending removal. No objections have been filed to the R&R in the time period permitted. Based on the R&R of Judge Menendez, on all of the files, records, and proceedings herein, the Court now makes and enters the following Order.
IT IS HEREBY ORDERED that the Petition [ECF No. 1] is DENIED AS MOOT, the TRO motion [ECF No. 6] is DENIED, the motion to dismiss [ECF No. 12] is GRANTED, and this action is DISMISSED WITHOUT PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: May 14, 2019
BY THE COURT:
s/Nancy E. Brasel
Nancy E. Brasel
United States District Judge