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16-019 - Fleming v. Saad

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16-019 - Fleming v. Saad
September 27, 2016
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REPORT AND RECOMMENDATIONS: Recommendation that the respondents Motion toDismiss 18 be GRANTED and Petitioners §2241 petition 1 be DENIEDand DISMISSED as moot. Within fourteen (14) days after being served with a copy of this report and recommendation, any party may file with the Clerk of the Court written objections Signed by Magistrate Judge James E. Seibert on 9/27/16. (Attachments: # (1) Certified Mail Return Receipt)(jss)
October 24, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION: Signed by District Judge John Preston Bailey on 10/24/16. The Report and Recommendation 26 is ORDERED ADOPTED. This Court ORDERS that the respondents Motion to Dismiss 18 be GRANTED and the petitioners § 2241 petition 1 be DENIED and DISMISSED AS MOOT. This Court further DIRECTS the Clerk to enter judgment in favor of the respondent and to STRIKE this case from the active docket of this Court. As a final matter, upon an independent review of the record, this Court hereby DENIES a certificate of appealability, finding that Petitioner has failed to make a substantial showing of the denial of a constitutional right. (signed by District Judge John Preston Bailey on 10/24/16) (Attachments: # (1) Certified Mail Return Receipt)(jss)