Tan v. Garland et al, No. 3:2021cv00930 - Document 19 (N.D. Tex. 2021)
Court Description: Order Accepting 14 Findings and Recommendations: This case is DISMISSED WITHOUT PREJUDICE. The petitioner's motion for an evidentiary hearing, Doc. No. 11 , is DENIED AS MOOT. (Ordered by Judge Brantley Starr on 11/1/2021) (jmg)
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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION HONGJIN TAN, Petitioner, v. MERRICK B. GARLAND, ET AL., Respondents. § § § § § § § § § No. 3:21-CV-00930 ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. The Magistrate Judge recommended dismissing the petitioner’s habeas petition for lack of jurisdiction, because the case is now moot. Doc. No. 14 at 2. The petitioner filed a Response to the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. Doc. No. 18. The petitioner “concurs with the Magistrate Judge’s findings and has no opposition to this case being dismissed as moot.” Id. The District Court reviewed the proposed findings, conclusions, and recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. case is DISMISSED WITHOUT PREJUDICE. This The petitioner’s motion for an evidentiary hearing, Doc. No. 11, is DENIED AS MOOT. IT IS SO ORDERED this 1st day of November, 2021. ____________________________________ BRANTLEY STARR UNITED STATES DISTRICT JUDGE 2
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