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07-821 - Baez v. Hamilton County Ohio


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07-821 - Baez v. Hamilton County Ohio
December 10, 2007
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Juan Carlos Baez: that petitioner's writ be DISMISSED as moot; certificate of appealability SHOULD NOT ISSUE; and IFP BE DENIED. Objections to R&R due by 12/24/2007. Signed by Judge Timothy S. Black on 12/7/07. (jl1, )
January 15, 2008
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ORDER by Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 8 Report and Recommendations. Petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. ยง 2241 1 is DISMISSED as moot. The dismissal is without prejudice to the extent petitioner may file an action challenging his current detention by federal immigration authorities in the appropriate district with jurisdiction over such matters. A certificate of appealability will not issue. The Court certifies that an appeal of any Order adopting the Report and Recommendation would not be taken in good faith, and therefore DENIES petitioner leave to appeal in forma pauperis. (scot1, )