Filed: Jan. 13, 2020
Latest Update: Jan. 13, 2020
Summary: MEMORANDUM OPINION R. DAVID PROCTOR , District Judge . On November 20, 2019, the Magistrate Judge entered a report recommending this pro se petition for writ of habeas corpus, filed pursuant to 28 U.S.C. 2241, be dismissed without prejudice. 1 (Doc. 9). Although the report advised the parties of the right to object, no objections have been filed. The Magistrate Judge's report recommended that the petition be denied because, although the petitioner blames the respondents for not removi
Summary: MEMORANDUM OPINION R. DAVID PROCTOR , District Judge . On November 20, 2019, the Magistrate Judge entered a report recommending this pro se petition for writ of habeas corpus, filed pursuant to 28 U.S.C. 2241, be dismissed without prejudice. 1 (Doc. 9). Although the report advised the parties of the right to object, no objections have been filed. The Magistrate Judge's report recommended that the petition be denied because, although the petitioner blames the respondents for not removin..
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MEMORANDUM OPINION
R. DAVID PROCTOR, District Judge.
On November 20, 2019, the Magistrate Judge entered a report recommending this pro se petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241, be dismissed without prejudice.1 (Doc. 9). Although the report advised the parties of the right to object, no objections have been filed.
The Magistrate Judge's report recommended that the petition be denied because, although the petitioner blames the respondents for not removing him in a timely manner, multiple delays are due to the petitioner's refusal to cooperate in the removal process. (Doc. 6-1 at 3). The record reveals that, despite difficulties surrounding Petitioner's participation in obtaining travel documents, Respondent has managed to obtain those documents from Vietnam. (Doc. # 6-1 at 3-4, Doc. # 8 at 14). Petitioner's own Affidavit Under Penalty of Perjury confirms that he acted to prevent his removal by refusing to board a plane arranged for him by Respondent. (Docs. 8 at 3). Because it is undisputed Respondent has obtained travel documents for Petitioner, there is no reason to believe that, with Petitioner's cooperation, he will not be removed imminently.2 (See Doc. 6-1 at 3-4).
After de novo review of the entire file in this matter, including the report and recommendation, the court ADOPTS the Magistrate Judge's report and ACCEPTS her recommendation. Accordingly, the claims presented in this matter are due to be denied and dismissed without prejudice.
A separate order will be entered.
DONE and ORDERED.