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Lin v. Holder

United States District Court, E.D. California
Jul 2, 2010
1:09-cv-01797-LJO-JLT HC (E.D. Cal. Jul. 2, 2010)

Opinion

1:09-cv-01797-LJO-JLT HC.

July 2, 2010


ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 10) ORDER GRANTING RESPONDENT'S MOTION TO DISMISS PETITION (Doc. 9) ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS (Doc. 1) ORDER DIRECTING CLERK OF COURT TO ENTER JUDGMENT


Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.

On May 24, 2010, Respondent filed a motion to dismiss the instant petition on the grounds that the petition was moot because Petitioner had been released from custody of the Bureau of Immigration and Customs Enforcement ("ICE"). (Doc. 9). On May 27, 2010, the Magistrate Judge assigned to the case filed a Findings and Recommendation recommending that Respondent's motion to dismiss be granted and that the petition for writ of habeas corpus be DISMISSED as moot. (Doc. 10). The Findings and Recommendation was served on all parties and contained notice that any objections were to be filed within twenty days from the date of service of that order. To date, none of the parties in this case have filed objections.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the Magistrate Judge's Findings and Recommendation is supported by the record and proper analysis. Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendation issued May 27, 2010 (Doc. 10), is ADOPTED IN FULL;
2. Respondent's motion to dismiss (Doc. 9), is GRANTED;
3. The petition for writ of habeas corpus (Doc. 1) is DISMISSED; and
4. The Clerk of Court is DIRECTED to ENTER JUDGMENT for Respondent and close the file.

This order terminates the action in its entirety.

IT IS SO ORDERED.


Summaries of

Lin v. Holder

United States District Court, E.D. California
Jul 2, 2010
1:09-cv-01797-LJO-JLT HC (E.D. Cal. Jul. 2, 2010)
Case details for

Lin v. Holder

Case Details

Full title:CHAO KANG LIN, Petitioner, v. ATTORNEY GENERAL ERIC H. HOLDER, Respondent

Court:United States District Court, E.D. California

Date published: Jul 2, 2010

Citations

1:09-cv-01797-LJO-JLT HC (E.D. Cal. Jul. 2, 2010)