United States District Court, Western District of Washington
November 6, 2014
HERMELANDO MONGE-PIEDRA, et al., Petitioners,
DEPARTMENT OF HOMELAND SECURITY, et al., Respondents
Hermelando Monge-Piedra, Petitioner, Pro se, TACOMA, WA.
For Department of Homeland Security, Secretary Jeh Johnson, United States Immigration and Customs Enforcement, R. Gil Kerlikowske, United States Custom and Border Protection Commissioner, Executive Office for Immigration Review, Director Juan P Osuna, Respondents: Katherine E.M. Goettel, LEAD ATTORNEY, U.S. DEPARTMENT OF JUSTICE, WASHINGTON, DC.
For Thomas S Winkowski, Principal Deputy Security, Natalie Asher, Field Office Director, Respondents: Katherine E.M. Goettel, U.S. DEPARTMENT OF JUSTICE, WASHINGTON, DC.
ORDER OF DISMISSAL
THOMAS S. ZILLY, United States District Judge.
The Court, having reviewed the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, docket no. 71, to which no timely objection was filed, Orders as follows:
1. The Court ADOPTS the Report and Recommendation;
2. Respondents' motion to dismiss, docket no. 70, is GRANTED;
3. The first, second, third, and sixth claims in petitioner's amended habeas petition, docket no. 58, are DISMISSED without prejudice for lack of jurisdiction, the fourth and fifth claims in the amended petition are DENIED as moot, and the seventh claim in the amended petition, concerning access to counsel, is DENIED on the merits;
4. The Clerk is DIRECTED to close this case and to send a copy of this Order to the parties and to Magistrate Judge Theiler.