Summary
noting the detainee's “misuse” of § 2241 to challenge his pretrial detention under Fassler, and holding: “Garza-Villanueva's attempt to obtain relief civilly, without first attempting to obtain that same relief in his criminal case, is at best a waste of resources, and at worst an ill-advised avoidance of the remedies available under 18 U.S.C. § 3145.”
Summary of this case from Jackson v. United StatesOpinion
CIVIL ACTION NO. 1:19-CV-65
06-10-2019
JOSE MAURICIO GARZA-VILLANUEVA, Petitioner, v. KEVIN MCALEENAN, et al., Respondents.
OPINION AND ORDER
Pending before the Court is Petitioner Jose Mauricio Garza-Villanueva's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (Doc. 1). A Magistrate Judge recommended denial of Garza's request for attorney's fees and dismissal of the Petition as moot. (Report and Rec., Doc. 4)
Both Garza and the Respondents have filed notices of no objection to the Report and Recommendation. (Resp.'s Notice of No Objs., Doc. 5; Pet.'s Notice of No Objs., Doc. 6)
Accordingly, the Court ADOPTS the Report and Recommendation. It is:
ORDERED that the Petition for Writ of Habeas Corpus is DISMISSED as moot; and
ORDERED that Petitioner's request for attorney's fees and costs is DENIED.
The District Clerk is directed to close this matter.
SIGNED this 10th day of June, 2019.
/s/_________
Fernando Rodriguez, Jr.
United States District Judge