(HC) Lin v. Holder, No. 1:2009cv01797 - Document 11 (E.D. Cal. 2010)

Court Description: ORDER ADOPTING IN FULL 10 FINDINGS AND RECOMMENDATIONS; GRANTING 9 Motion to Dismiss for Lack of Jurisdiction; Clerk Directed to Enter Judgment for Respondent, signed by District Judge Lawrence J. O'Neill on 7/2/2010. CASE CLOSED. (Marrujo, C)

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(HC) Lin v. Holder Doc. 11 1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 CHAO KANG LIN, 7 Petitioner, 8 9 v. 10 11 ATTORNEY GENERAL ERIC H. HOLDER, 12 Respondent. ) ) ) ) ) ) ) ) ) ) ) ) ) 1:09-cv-01797-LJO-JLT HC 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) 13 ORDER DIRECTING CLERK OF COURT TO ENTER JUDGMENT 14 15 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2241. 17 On May 24, 2010, Respondent filed a motion to dismiss the instant petition on the grounds 18 that the petition was moot because Petitioner had been released from custody of the Bureau of 19 Immigration and Customs Enforcement ("ICE"). (Doc. 9). On May 27, 2010, the Magistrate Judge 20 assigned to the case filed a Findings and Recommendation recommending that Respondent's motion 21 to dismiss be granted and that the petition for writ of habeas corpus be DISMISSED as moot. (Doc. 22 10). The Findings and Recommendation was served on all parties and contained notice that any 23 objections were to be filed within twenty days from the date of service of that order. To date, none 24 of the parties in this case have filed objections. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted a de 26 novo review of the case. Having carefully reviewed the entire file, the Court concludes that the 27 Magistrate Judge's Findings and Recommendation is supported by the record and proper analysis. 28 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Findings and Recommendation issued May 27, 2010 (Doc. 10), is ADOPTED IN 3 FULL; 4 2. Respondent's motion to dismiss (Doc. 9), is GRANTED; 5 3. The petition for writ of habeas corpus (Doc. 1) is DISMISSED; and 6 4. The Clerk of Court is DIRECTED to ENTER JUDGMENT for Respondent and close the 7 file. 8 This order terminates the action in its entirety. 9 10 11 IT IS SO ORDERED. Dated: b9ed48 July 2, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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