(HC) Argueta v. Immigration and Customs Enforcement et al, No. 1:2008cv01911 - Document 6 (E.D. Cal. 2009)

Court Description: ORDER signed by District Judge Lawrence J. O'Neill on 2/3/2009 ADOPTING 4 Findings and Recommendations; DISMISSING Petition for Writ of Habeas Corpus and directing Clerk of Court to terminate action. CASE CLOSED.(Lundstrom, T)

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(HC) Argueta v. Immigration and Customs Enforcement et al Doc. 6 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DARWIN LENNIN ARGUETA, 10 Petitioner, 11 1:08-cv-01911 LJO DLB HC ORDER ADOPTING FINDINGS AND RECOMMENDATION, DISMISSING PETITION FOR WRIT OF HABEAS CORPUS, AND DIRECTING CLERK OF COURT TO TERMINATE ACTION v. 12 13 IMMIGRATION AND CUSTOMS ENFORCEMENT, et.al., 14 Respondents. [Doc. 4] / 15 16 17 18 Petitioner is detained by the Bureau of Immigration and Customs Enforcement (“BICE”) and is proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On December 23, 2008, the Magistrate Judge issued Findings and Recommendation that 19 the Petition for Writ of Habeas Corpus be DISMISSED. This Findings and Recommendation 20 was served on all parties and contained notice that any objections were to be filed within thirty 21 (30) days of the date of service of the order. Over thirty (30) days have passed and no party has 22 filed objections. 23 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted 24 a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the 25 Findings and Recommendation is supported by the record and proper analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. 28 The Findings and Recommendation issued December 23, 2008, is ADOPTED IN FULL; 1 Dockets.Justia.com 1 2. The Petition for Writ of Habeas Corpus is DISMISSED; and 2 3. The Clerk of the Court is DIRECTED to close this action. This terminates this 3 action in its entirety. 4 5 IT IS SO ORDERED. 6 Dated: b9ed48 February 3, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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