Chen v. Wilkinson

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 10 SI CHEN, CASE NO. 2:21-cv-00315-JRC 11 Petitioner, 12 v. ORDER 13 MONTY WILKINSON,1 14 Respondent.

16 This matter is before the Court on the parties’ consent and the parties’ stipulated motion dismissing habeas petition. Dkts. 12, 13.

18 The parties consent to proceed before the assigned Chief Magistrate Judge under 28 19 U.S.C. § 636(c). Dkt. 12. Petitioner’s release from custody on April 22, 2021 on an order of supervision (Dkt. 11) rendered the habeas petition moot. Dkt. 12 (citing Abdala v. Immigration and Naturalization Service, 488 F.3d 1061, 1065 (9th Cir. 2007)).

1 Merrick Garland was designated Attorney General on March 11, 2021 and should be automatically substituted for Respondent Monty Wilkinson under Federal Rule of Civil Procedure 25(d).

2 Accordingly, the Court orders: 3 1. Petitioner’s habeas petition is hereby denied and dismissed as moot without fees or costs to either party.

2. Respondent’s Motion to Dismiss (Dkt. 8) is denied as moot.

6 Dated this 29th day of April, 2021.

A J. Richard Creatura Chief United States Magistrate Judge