ARMANETTI ALMADA v. GREEN et al, No. 2:2016cv08777 - Document 7 (D.N.J. 2017)
Court Description: OPINION. Signed by Judge John Michael Vazquez on 02/07/2017. (ek)
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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ____________________________________ : SEBASTIAN E. ARMANETTI ALMADA, : : Civil Action No. 16-8777 (JMV) Petitioner, : : v. : OPINION : CHARLES L. GREEN, : : Respondent. : ____________________________________: APPEARANCES: Andrea N. Mazzula-Adames, Esq. 481 Bloomfield Avenue Newark, NJ 07107 on behalf of Petitioner Nicole Patrice Grant U.S. Department of Justice, Civil Division Office of Immigration Litigation P.O. Box 868 Washington, D.C. 20044 on behalf of Respondent VAZQUEZ, United States District Judge On November 28, 2016, Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1), challenging his prolonged detention by U.S. Immigration and Customs Enforcement (“ICE”). Respondent filed an answer to the petition on February 2, 2017. (ECF No. 2.) The following day, Petitioner submitted a letter to the Court, stating that his removal proceedings successfully terminated, and he was released from custody. (ECF No. 3.) Therefore, he wishes to withdraw his habeas petition. (Id.) Federal Rule of Civil Procedure 41(a)(2) provides that “except as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff’s request only by court order, on terms that the court considers proper.” Petitioner received the relief requested in his habeas petition, release from ICE detention, and properly seeks to withdraw his habeas petition. Therefore, the Court will dismiss this action. An appropriate Order follows. Date: February 7, 2017 At Newark, New Jersey s/ John Michael Vazquez JOHN MICHAEL VAZQUEZ United States District Judge 2
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