Summary
dismissing habeas petition challenging detention in ICE custody as moot upon petitioner's release
Summary of this case from Simon v. LaRivaOpinion
Court File No.: 13-CV-1415 (PJS/SER)
11-18-2013
Daaha H. Abdulle, Pro Se, Carver County Jail, 606 East Fourth Street, Chaska, Minnesota, 55318. Gregory G. Brooker and David W. Fuller, Esqs., United States Attorney's Office, 300 South Fourth Street, Suite 600, Minneapolis, Minnesota 55415, for Defendant.
ORDER ADOPTING
REPORT AND RECOMMENDATION
Daaha H. Abdulle, Pro Se, Carver County Jail, 606 East Fourth Street, Chaska, Minnesota, 55318.
Gregory G. Brooker and David W. Fuller, Esqs., United States Attorney's Office, 300 South Fourth Street, Suite 600, Minneapolis, Minnesota 55415, for Defendant.
Based upon the Report and Recommendation by United States Magistrate Judge Steven E. Rau dated October 31, 2012 [Doc. No. 17], along with all the files and records, and no objections to said Recommendation having been filed, IT IS HEREBY ORDERED that:
1. Abdulle's Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 [Doc. No. 1] is DENIED as moot;
2. Abdulle's Motion for Release from Custody [Doc. No. 16] is DENIED as moot;
3. Homeland Security's Motion to Dismiss for Lack of Jurisdiction and to Lift the Stay [Doc. No. 11] is GRANTED; and
4. This action is DISMISSED.
LET JUDGMENT BE ENTERED ACCORDINGLY
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Patrick J. Schiltz
The Honorable Patrick J. Schiltz
United States District Court Judge