Ceesay v. Chertoff et al Doc.

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Case 2:07-cv-01722-RSL-MAT Document 4 Filed 10/26/2007 Page 1 of 2

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06 UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON
07 AT SEATTLE

08 DAWDA CEESAY, ) CASE NO. C07-1722-RSL-MAT

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09 Petitioner, )
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10 v. ) ORDER DIRECTING RESPONSE TO
) MOTION FOR PRELIMINARY
11 MICHAEL CHERTOFF, et al., ) INJUNCTIVE RELIEF
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12 Respondents. )
____________________________________ )
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14 Petitioner, proceeding through counsel, has filed a “Petition for Writ of Habeas Corpus

15 and Complaint for Injunctive Relief Motion for a Temporary Restraining Order Pending

16 Determination of the Petition for Writ of Habeas Corpus.” (Dkt. #1). Petitioner requests that he

17 be released from detention during the pendency of these proceedings. (Dkt. #1 at 8-10).

18 The Court, having reviewed petitioner’s motion, and the balance of the record, does hereby

19 ORDER:

20 (1) Petitioner has not demonstrated, as is required by Rule 65(b) of the Federal Rules

21 of Civil Procedure, that he will suffer immediate and irreparable injury, loss, or damage before

22 respondent can be heard in opposition. The Court therefore construes petitioner's motion as one

ORDER DIRECTING RESPONSE TO MOTION

FOR PRELIMINARY INJUNCTIVE RELIEF
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01 for preliminary injunction rather than as one for temporary restraining order and directs respondent

02 to file a response to the motion within fifteen (15) days of the entry of this Order.

03 (2) The Court expresses no views at this time as to the merits of either petitioner’s

04 motion or his underlying habeas petition.

05 (3) The Clerk shall direct a copy of this Order to counsel for petitioner, to the United

06 States Attorney for the Western District of Washington, and to the Hon. Mary Alice Theiler.

07 DATED this 26th day of October, 2007.

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09 A
Robert S. Lasnik
10 United States District Judge

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Recommended for Entry
13 this 25th day of October, 2007.

14 s/ Mary Alice Theiler

United States Magistrate Judge
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ORDER DIRECTING RESPONSE TO MOTION

FOR PRELIMINARY INJUNCTIVE RELIEF
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