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16-049 - Russell (Zabad) v. Saad


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16-049 - Russell (Zabad) v. Saad
October 6, 2016
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REPORT AND RECOMMENDATION THAT PETITION FOR HABEAS CORPUS BE DENIED WITHOUT PREJUDICE FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES: it is RECOMMENDED that Respondents Motion to Dismiss or, in the alternative, Motion for Summary Judgment 28 be GRANTED and the Petition for Habeas Corpus 1 be DISMISSED WITHOUT PREJUDICE. It is further recommended that Petitioners Motion to Subpoena Witness 26 and Motions to Expedite 36 and 37 be DENIED AS MOOT. Written objections may be filed within fourteen (14) days of receipt of this Report and Recommendation. Failure to timely file objections will result in waiver of the right to appeal. Signed by Magistrate Judge Michael John Aloi on 10/6/2016. (copy to Pro Se Petitioner via CM,rrr; copy to counsel via CM/ECF) (nmm) (Additional attachment(s) added on 10/6/2016: # (1) Certified Mail Return Receipt) (nmm).
March 13, 2017
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nal attachment(s) added on 3/13/2017: # (1) Certified Mail Return Receipt) (nmm).MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 41 THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE AND OVERRULING 45 THE PETITIONER'S OBJECTIONS: the respondent's motion to dismiss or, in the alternative, motion for summary judgment 28 is hereby GRANTED, and the petition for habeas corpus under ยง 2241 1 is DISMISSED WITHOUT PREJUDICE. Additionally, the petitioner's motion to subpoena a witness 26, motions to expedite 36 37 and motion for immediate ruling 46 are DENIED AS MOOT. It is further ORDERED that this civil action be DISMISSED and STRICKEN from the active docket of this Court. Should the Petitioner choose to appeal she is ADVISED that she must file a notice of appeal with the Clerk of Court within 60 days after the date of the entry of this order. The Clerk is DIRECTED to enter judgment. Signed by Senior Judge Frederick P. Stamp, Jr. on 3/13/2017. (copy to counsel via CM/ECF; copy to Pro Se Petitioner via CM,rrr) (nmm) (Additio