Akinyemi v. Rathman

Filing 23

ORDER OF DISMISSAL adopting report and accepting recommendation, petitioner's petition for writ of habeas corpus is DISMISSED as MOOT. Signed by Judge R David Proctor on 4/12/13. (ASL)

FILED
2013 Apr-12 PM 02:18
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
OLUBUNMI O. AKINYEMI,
Petitioner,
v.
WARDEN JOHN T. RATHMAN,
Respondent.

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1:11-cv-2171-RDP-RRA

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ORDER OF DISMISSAL
This case is before the court on a Petition for Writ of Habeas Corpus filed by Olubunmi
Akinyemi pursuant to 28 U.S.C. § 2241. (Doc. #1). The Petition was twice amended (Docs. # 6,
9), and now is the subject of a Report and Recommendation filed by the Magistrate Judge on March
27, 2013. (Doc. # 22). That Report recommends that the court dismiss the Petition as moot. (Id.).
When he filed his Petition, the Petitioner, was a federal inmate incarcerated at the Federal
Correctional Institution in Talladega, Alabama. Petitioner alleges that he was unlawfully expelled
from the Residential Drug Abuse Program and did not receive the one-year sentence reduction he
claims he had earned. As relief, Petitioner seeks to have the one-year sentence reduction immediately
restored and to be released to a halfway house.
On April 9, 2012, Respondent filed a Motion to Dismiss as Moot. (Doc. #6). Respondents
assert that Petitioner has already served the entirety of his sentence, and has been released. Indeed,
Petitioner has filed a change of address notice and listed his new address as a halfway house (Doc.
# 21), and the court has confirmed that he was released on October 5, 2012 by reviewing the Bureau

of Prisons website.1
Having now carefully reviewed and considered de novo all of the materials in the court file,
including the Report and Recommendation, and any objection to it, the court is of the opinion that
the Report is due to be, and hereby is, ADOPTED, and the Recommendation is ACCEPTED.
Accordingly, it is hereby ORDERED, ADJUDGED and DECREED that Petitioner's Petition for
Writ of Habeas Corpus (Doc. #1) is hereby DISMISSED as MOOT. See Nyaga v. Ashcroft, 323
F.3d 906, 913 (11th Cir. 2003); Soliman v. United States ex rel. INS, 296 F.3d 1237, 1242 (11th Cir.
2002).
The Clerk of Court is DIRECTED to mail a copy of this order to Petitioner at his most
recent known address and to serve a copy upon the U.S. Attorney for the Northern District of
Alabama.
DONE and ORDERED this

12th

day of April, 2013.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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http://www.bop.gov/iloc2/InmateFinderServlet?Transaction=IDSearch&needingMoreLis
t=false&IDType=IRN&IDNumber=59335-019&x=100&y=22 .
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