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Hernandez v. Gantner

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


August 4, 2006

RAMON J. HERNANDEZ, PETITIONER,
v.
MARY ANN GANTNER, NEW YORK DISTRICT DIRECTOR, U.S. CITIZENSHIP & IMMIGRATION SERVICES, DEFENDANT.

The opinion of the court was delivered by: Jed S. Rakoff, U.S.D.J.

ORDER

On January 10, 2006, the Honorable Ronald L. Ellis, United States Magistrate Judge, issued a Report and Recommendation in the above- captioned matter recommending that, pursuant to the REAL ID Act of 2005, Pub. L. No. 109-13 § 106, 199 Stat. 231, the above-captioned pro se petition be transferred to the United States Court of Appeals for the Second Circuit and petitioner's deportation be stayed pending further order of that Court.

Petitioner has failed to file any objection to the Report and Recommendation, and, for that reason alone, has waived any right to review by this Court. See Thomas v. Arn, 474 U.S. 140, 147-48 (1985); Mario v. P & C Food Markets, Inc., 313 F.3d 758, 766 (2d Cir. 2002); Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000).

Accordingly, the Court hereby adopts the Report and Recommendation, and, for the reasons stated therein, directs the Clerk to transfer this case to the United States Court of Appeals for the Second Circuit, and orders that petitioner's deportation be stayed pending further order of that Court.

SO ORDERED.

20060804

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