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Nerayo v. Barr, C19-1540-RAJ-MLP. (2019)

Court: District Court, D. Washington Number: infdco20191216e33 Visitors: 4
Filed: Dec. 12, 2019
Latest Update: Dec. 12, 2019
Summary: JOINT STIPULATION AND ORDER CONSENTING TO MAGISTRATE JUDGE AND DISMISSING HABEAS PETITION MICHELLE L. PETERSON , Magistrate Judge . COMES NOW Respondents, by and through their counsel, Brian T. Moran, United States Attorney for the Western District of Washington, and Kristin B. Johnson, Assistant United States Attorney for said District, and Petitioner, by and through his counsel Gregory Murphy, and hereby jointly stipulate and agree as follows: WHEREAS on September 26, 2019, Petitioner fi
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JOINT STIPULATION AND ORDER CONSENTING TO MAGISTRATE JUDGE AND DISMISSING HABEAS PETITION

COMES NOW Respondents, by and through their counsel, Brian T. Moran, United States Attorney for the Western District of Washington, and Kristin B. Johnson, Assistant United States Attorney for said District, and Petitioner, by and through his counsel Gregory Murphy, and hereby jointly stipulate and agree as follows:

WHEREAS on September 26, 2019, Petitioner filed a habeas petition challenging his continued immigration detention. Dkt. No. 1.

WHEREAS on October 29, 2019, Petitioner was released from custody on an order of supervision. See Dkt. No. 7, Exhibit A.

WHEREAS the parties agree that Petitioner's release rendered the habeas petition moot. See Abdala v. Immigration and Naturalization Service, 488 F.3d 1061, 1065 (9th Cir. 2007).

WHEREAS the parties agree that this action should be dismissed as moot without fees or costs to either party.

WHEREAS the parties consent to proceed before the assigned Magistrate Judge under 28 U.S.C. § 636(c).

NOW THEREFORE, the parties, through their respective counsel of record, do hereby stipulate and agree, and respectfully request, that the Court make and enter the following order:

1. Petitioner's habeas petition is hereby denied and dismissed as moot without fees or costs to either party.

SO STIPULATED.

DATED this 13th day of December, 2019. BRIAN T. MORAN United States Attorney s Kristin B. Johnson KRISTIN B. JOHNSON WSBA #28189 Assistant United States Attorney 700 Stewart Street, Suite 5220 Seattle, WA 98101-1271 Telephone No. (206) 553-7970 Fax No. (206) 553-4073 E-mail kristin.b.johnson@usdoj.gov Attorney for Respondents

SO STIPULATED.

DATED this 12th day of December, 2019. s Gregory Murphy GREGORY MURPHY, WSBA # Assistant Federal Public Defender 1331 Broadway #400 Tacoma, Washington 98402 (253) 593-6710 Attorney for Petitioner

ORDER

IT IS SO ORDERED.

Source:  Leagle

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