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Addison v. United States Dep't of Justice

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


February 8, 2006

ALFRED KWESI ADDISON, PLAINTIFF
v.
UNITED STATES DEPT. OF JUSTICE, ET AL., DEFENDANTS

The opinion of the court was delivered by: William W. Caldwell United States District Judge

ORDER

AND NOW, this 8th day of February, 2006, upon consideration of the report (doc. 7) of the magistrate judge, filed January 9, 2006, to which no objections were filed, and upon independent review of the record, it is ordered that:

1. The magistrate judge's report is adopted.

2. Plaintiff's Bivens and FTCA actions are dismissed without prejudice. Plaintiff's challenge to his removal is dismissed without prejudice to his filing a petition in the appropriate court of appeals.

3. Plaintiff's claim of unlawful continued-detention shall proceed against the Defendants as a petition for habeas corpus under 18 U.S.C. § 2241.

4. The Clerk of Courts shall serve a copy of the petition (doc. 1) on the United States Attorney.

5. Within ten days of the date of this order, the government shall file a brief in opposition to Plaintiff's continued-detention claim.

6. Plaintiff shall have ten days after receipt of the government's brief to file a reply brief.

20060208

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