Roberts v. Lynch et al, No. 3:2016cv00179 - Document 14 (E.D. Va. 2016)

Court Description: MEMORANDUM OPINION. See for complete details. It is so ORDERED. Signed by District Judge Robert E. Payne on 11/09/2016. Clerk mailed copy to pro se Petitioner (5106 DEAL DRIVE, APT. 102, OXON HILL, MARYLAND 20745). (nbrow)

Download PDF
Roberts v. Lynch et al Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division KEN ROBERTS, Petitioner, v. Civil Action No. 3:16CV179 LORETTA E. LYNCH, et al., Respondents. MEMORANDUM OPINION Ken Roberts, submitted a a former petition Petition," ECF No. pursuant 1). release from Customs Enforcement, In his the custody of ICE to detainee 28 nor the proceeding § U.S.C. 2241 2241 Petition, § pro (§ se, 2241 Roberts sought the United States Immigration and asserting that his unlawful under Zadvydas v. "neither alien Davis, continued detention is 533 U.S. Bahamian 678 Embassy (2001), has because provided any indication that the Bahamian Government would accept petitioner in the reasonably paginated 2016, Dismiss by the be foreseeable CM/ECF) Magistrate granted dismissed as moot. future." (emphasis Judge and that (§ Roberts's that § 4 (as September On omitted).) recommended 2241 Pet. 27 , the 2241 Motion to Petition be The Court advised Roberts that he could file objections within fourteen (14) days of the date of entry of the Report and Recommendation. Roberts has not responded. Dockets.Justia.com "The magistrate makes only a recommendation to this court. The recommendation has no responsibility to make a court." 1993) Estrada v. weight, presumptive and the final determination remains with this Witkowski, (citing Mathews v. 816 Weber, F. 423 Supp. U. s. 408, 261, 410 (D.S.C. 270-71 ( 1976) ) . This Court "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which filing objection of district is objections judge to to focus u.s.c. 28 made. 11 a 636(b) (1). § magistrate's report attention on those enables 474 U.S. written 140, (1985). this objection, 147 Court adopt a magistrate recommendation without conducting a de novo review. v. Colonial Life & Accident Thomas v. In the absence of a may Ins. Co., 416 the issues-factual and legal-that are at the heart of the parties' dispute." Arn, "The specific judge's See Diamond F.3d 310, 316 (4th Cir. 2005). There being no objections, and the Court having determined that the Report and Recommendation is correct on its merits, the Report and Recommendation will be Motion to will Petition Dismiss will be (ECF No. 9) dismissed as dismissed. 2 accepted and adopted. be moot. granted. The The action § will The 2241 be The Clerk is directed to send a copy of this Memorandum Opinion to Roberts and counsel of record. It is so ORDERED. /s/ Robert E. Payne Senior United States District Judge Richmond, Virginia Date: November f , 2016 3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.