Free Order on Report and Recommendations - District Court of Arizona - Arizona

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Case 2:04-cv-00690-EHC Document 22 Filed 07/20/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) Petitioner, ) CIV 04-690-PHX-EHC (DKD) ) vs. ) ORDER ) Alberto R. Gonzales, Attorney General; ) Michael Chertoff, Secretary, Department ) of Homeland Security, ) ) ) Respondents. ) )

Mohammed Ali,

On April 6, 2004, Petitioner filed a Petition for Writ of Habeas Corpus (Dkt. 1) pursuant to 28 U.S.C. § 2241. On December 9, 2004, the Court referred the Report and Recommendation filed August 10, 2004 back to the Magistrate Judge for further review. (Dkt. 167). Magistrate Judge David K. Duncan issued a Supplemental Report and Recommendation. (Dkt. 21). Respondents filed a Notice of Filing of Certified Administrative Record and a Motion to Transfer case to the Ninth Circuit. (Dkt. 20). No objections to the Supplemental Report and Recommendation were made by Petitioner.

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Case 2:04-cv-00690-EHC

STANDARD OF REVIEW A district court judge reviews de novo the Report and Recommendation, and Supplemental Report of a Magistrate Judge. See 28 U.S.C. § 636(b)(1)(C) and Rule 1.15(b), Rules of Practice of the United States District Court for the District of Arizona. DISCUSSION The Court having reviewed the record de novo, adopts in full the Report and Recommendation of the Magistrate Judge and incorporates the same as a part of this Order. Accordingly, IT IS ORDERED that the Report and Recommendation and the Supplemental Report and Recommendation of the Magistrate Judge are adopted in full. (Dkts. 14 & 21). IT IS FURTHER ORDERED transferring this case to the United States Court of Appeals for the Ninth Circuit pursuant to Section 106(c) of the REAL ID Act of 2005. (Dkt. 20). DATED this 15th day of July, 2005.

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