Shah v. Wolf

Full title: AMJID SHAH, Petitioner, v. CHAD WOLF, Acting Secretary of the U.S…

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Date published: Aug 3, 2020

Civil Action No. 3:20-CV-994-C-BH (N.D. Tex. Aug. 3, 2020)

Opinion

Civil Action No. 3:20-CV-994-C-BH

08-03-2020

AMJID SHAH, Petitioner, v. CHAD WOLF, Acting Secretary of the U.S. Department of Homeland Security, et al., Respondents.

SAM R. CUMMINGS SENIOR UNITED STATES DISTRICT JUDGE

ORDER

Before the Court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge therein advising that Petitioner's Verified Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and Complaint for Declaratory and Injunctive Relief should be denied without prejudice as to Petitioner's claim under Zadvydas v. Davis, 533 U.S. 678 (2001), and dismissed without prejudice for lack of jurisdiction as to Petitioner's conditions of confinement claim. The United States Magistrate Judge has further recommended that Petitioner's Emergency Motion for Temporary Restraining Order be denied.¹

1 Petitioner, who is represented by counsel, has failed to file objections to the Magistrate Judge's Findings, Conclusions, and Recommendation and the time to do so has now expired. --------

The Court has reviewed the Findings, Conclusions, and Recommendation for clear error and finds none. It is therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and conclusions of the Court. For the reasons stated therein, the Court hereby ORDERS that Petitioner's Verified Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and Complaint for Declaratory and Injunctive Relief be DENIED without prejudice as to Petitioner's claim under Zadvydas v. Davis, 533 U.S. 678 (2001), and DISMISSED without prejudice for lack of jurisdiction as to Petitioner's conditions of confinement claim. It is further ORDERED that Petitioner's Emergency Motion for Temporary Restraining Order be DENIED.

A certificate of appealability is not required for a federal detainee to appeal the denial of relief under 28 U.S.C. § 2241. See Padilla v. United States, 416 F. 424, 425 (5th Cir. 2005). If Petitioner files a notice of appeal, he must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis and a properly signed certificate of inmate trust account.

SO ORDERED this 3^rd day of August, 2020.

/s/_________

SAM R. CUMMINGS

SENIOR UNITED STATES DISTRICT JUDGE