Teklemariam v. Barr ( 2019 )

1 The Honorable Robert S. Lasnik The Honorable Michelle L. Peterson 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE 10 GEBERHIWET TEKLEMARIAM, No. C19-1608-RSL-MLP 11 Petitioner, D JOINT STIPULATION AND [proposed] v. ORDER CONSENTING TO 13 MAGISTRATE JUDGE AND WILLIAM BARR, et. al., DISMISSING HABEAS PETITION 14 Respondents. NOTE ON MOTION CALENDAR: 15 Today 16 17 COMES NOW Respondents, by and through their counsel, Brian T. Moran, United 18 States Attorney for the Western District of Washington, and Kristin B. Johnson, Assistant gt 19 United States Attorney for said District, and Petitioner, by and through his counsel Gregory 20 Murphy, and hereby jointly stipulate and agree as follows: 21 22 WHEREAS on October 8, 2019, Petitioner filed a habeas petition challenging his 23 continued immigration detention. Dkt. No. 1. 24 WHEREAS on October 7, 2019, Petitioner was released from custody on an order of 25 | supervision. See Dkt. No. 10, Exhibit A. 26 WHEREAS the parties agree that Petitioner’s release rendered the habeas petition moot. 27 See Abdala v. Immigration and Naturalization Service, 488 F.3d 1061, 1065 (9th Cir. 2007). 28 ‘ JOINT STIPULATION AND ORDER CONSENTING TO UNITED STATES ATTORNEY MAGISTRATE JUDGE AND DISMISSING HABEAS PETITION-1 700 Stewart Street, Suite 5220 (C19-1608-RSL-MLP) Seattle, oa 1 -7970 1 WHEREAS the parties agree that this action should be dismissed as moot without fees 2 or costs to either party. 3 WHEREAS the parties consent to proceed before the assigned Magistrate Judge under 4 5 28 U.S.C. § 636(c). 6 NOW THEREFORE, the parties, through their respective counsel of record, do hereby 7 stipulate and agree, and respectfully request, that the Court make and enter the following order: 8 9 1. Petitioner’s habeas petition is hereby denied and dismissed as moot without fees or costs to either party. 10 11 SO STIPULATED. 12 DATED this 12th day of December, 2019. 13 14 BRIAN T. MORAN 15 United States Attorney 16 os Kristin B. Johnson 17 KRISTIN B. JOHNSON WSBA #28189 Assistant United States Attorney 18 700 Stewart Street, Suite 5220 19 Seattle, WA 98101-1271 Telephone No. (206) 553-7970 20 Fax No. (206) 553-4073 E-mail kristin.b.johnson@usdoj.gov 21 Attorney for Respondents 22 23 24 25 26 27 28 JOINT STIPULATION AND ORDER CONSENTING TO UNITED STATES ATTORNEY MAGISTRATE JUDGE AND DISMISSING HABEAS PETITION-2 700 Stewart Street, Suite 5220 (C19-1608-RSL-MLP) Seattle, On aT (206) 553- 1 SO STIPULATED. 2 | DATED this 12" day of December, 2019. 3 4 /s Gregory Murphy 5 || GREGORY MURPHY, WSBA # 6 Assistant Federal Public Defender 1331 Broadway #400 7 Tacoma, Washington 98402 (253) 593-6710 8 Attorney for Petitioner 9 10 11 ORDER 12 IT IS SO ORDERED. 13 14 | 15 DATED this / day of , 2019. 16 17 : 18 S (awk aL 19 MECHELEEL-PEFERSON Koalevt S.LAM! United States Magistrate Judge 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND ORDER CONSENTING TO UNITED STATES ATTORNEY MAGISTRATE JUDGE AND DISMISSING HABEAS PETITION-3 700 Stewart Street, Suite 5220 (C19-1608-RSL-MLP) Seattle, nee