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13-11222 - Fernandez v. Roden


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13-11222 - Fernandez v. Roden
January 6, 2014
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Magistrate Judge Marianne B. Bowler: ORDER entered. REPORT AND RECOMMENDATIONS re 14 MOTION for Hearing filed by Ian Carlos Alejo Fernandez, 8is ALLOWED and that the petition is DISMISSED for lack of jurisdiction. MOTION to Dismiss for Lack of Jurisdiction filed by Gary Roden, 10 and MOTION to Substitute Party for the proper respondent filed by Gary Roden are moot in light of this court's lack of subject matter jurisdiction. Objections to R&R due by 1/20/2014(Feeney, Eileen)
January 29, 2014
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Judge Joseph L. Tauro: ORDER ON REPORT AND RECOMMENDATIONS entered. This court ACCEPTS and ADOPTS the January 6, 2014 Report and Recommendation 17 of Magistrate Judge Bowler. For the reasons set forth in the Report and Recommendation, this court hereby orders that: Respondents Motion to Dismiss for Lack of Jurisdiction 8 is ALLOWED. Respondents Motion to Substitute Proper Respondent 10 is MOOT. Petitioner's Motion for Evidentiary Hearing 14 is MOOT. This case is CLOSED. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde)