Sean v. Hassell et al

Filing 4

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 11/13/2014. (KEK)

FILED
2014 Nov-13 AM 11:43
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
GLOD SEAN,
Petitioner,
v.
SCOTT HASSELL, et al.,
Respondents.

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Case No.: 1:14-cv-01552-MHH-SGC

MEMORANDUM OPINION

This action is before the Court on the respondents’ November 7, 2014
motion to dismiss. (Doc. 3). In that motion, the respondents contend that the
Court should dismiss Mr. Sean’s § 2241 habeas petition because United States
Immigration and Customs Enforcement released him from custody on November
3, 2014 pursuant to an order of supervision. (Id.).
On August 8, 2014, Mr. Sean filed a petition for a writ of habeas corpus
seeking his release from custody pending his removal to Trinidad and Tobago.
(Doc. 1). Because Mr. Sean has been released on an order of supervision, his
petition seeking that very relief is moot. See Nyaga v. Ashcroft, 323 F.3d 906, 913
(11th Cir. 2003) (“[A] case must be dismissed as moot if the court can no longer
provide ‘meaningful relief.’”); see also Spencer v. Kemna, 523 U.S. 1, 8 (1998)
(once habeas petitioner is released from custody, he must demonstrate collateral

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consequences to avoid mootness doctrine). Accordingly, this matter should be
dismissed. Khader v. Holder, 843 F. Supp. 2d 1202 (N.D. Ala. 2011). A separate
order will be entered.
The Clerk is directed to please mail a copy of this opinion to Mr. Sean at the
following address: Sean Glod, 1 Emilia Woods Ct, Rosedale, MD 21206.

DONE and ORDERED this November 13, 2014.

_________________________________
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE

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