Opinion
1:21-CV-172
08-27-2021
ELIJAH PAUL EMA, Petitioner v. ROBERT WILKINSON, et al., Respondents
ORDER
Robert D. Mariani, United States District Judge.
AND NOW, THIS 27TH DAY OF AUGUST, 2021, upon review of Magistrate Judge Schwab's Report and Recommendation (“R&R”) (Doc. 8) for clear error or manifest injustice, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. 8) is ADOPTED for the reasons set forth therein.
At the time the R&R was issued, Petitioner had been detained for approximately six and-a-half months, which the Magistrate Judge found was not unreasonable in analyzing the first German Santos factor (duration of detention). The Court acknowledges that, at this time, Petitioner has now been detained for almost one year. However, as noted in the R&R, this length of duration still does not necessarily qualify as unreasonable. (See Doc. 8, at 11-13). The Court further notes that Petitioner is no longer incarcerated at York County Prison, but, according to the ICE inmate locator system, is now detained at the Glades County Detention Center in Florida. This renders moot the Magistrate Judge's analysis of the fourth German Santos factor (whether conditions under which alien is confined differ meaningfully from criminal punishment), and the issue of whether the conditions at the Glades County Detention Center support a finding of unreasonableness are best addressed in a renewed § 2241 petition in the appropriate District Court, should Petitioner deem necessary.
2. Respondents Robert Wilkinson, David Pekoske, ICE, Tae Johnson, and Clair Doll are DISMISSED from this action.
3. The Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 is DENIED and the Petition is DISMISSED WITHOUT PREJUDICE.
4. A Certificate of Appealability SHALL NOT ISSUE.
5. The Clerk of Court is directed to CLOSE this case.