Carrasco v. Department of Homeland Security

Full title: CELERINO CARRASCO, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY…

Court: United States District Court, W.D. Washington at Seattle

Date published: May 19, 2006

Case No. C06-0074-RSM (W.D. Wash. May. 19, 2006)

Opinion

Case No. C06-0074-RSM.

May 19, 2006

ORDER OF DISMISSAL

RICARDO MARTINEZ, Magistrate Judge

The Court, having reviewed petitioner's 28 U.S.C. § 2241 petition, all papers and exhibits in support and in opposition to that petition, the Report and Recommendation ("RR") of the Honorable Mary Alice Theiler, United States Magistrate Judge, and the remaining record, does hereby find and ORDER:

(1) The Court adopts the Report and Recommendation;

(2) Petitioner's Emergency Motion to Dismiss (Dkt. #24) is DENIED. Although entitled as a Motion to Dismiss, this motion actually appears to raise the same issues previously raised in petitioner's habeas petition. Accordingly, the motion is denied for the same reasons set forth in the RR;

(3) Petitioner's § 2241 petition is DENIED, and this action is DISMISSED with prejudice; and

(4) The Clerk is directed to send copies of this Order to the parties and to Judge Theiler.