Roberts v. Holder et al

Filing 9

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 9/6/12. (KGE, )

FILED
2012 Sep-06 AM 11:10
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
NEIL ROBERTS,

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Petitioner,
v.
ERIC H. HOLDER, et al.,
Respondents.

4:11-cv-4353-LSC-RRA

MEMORANDUM OPINION
This is a habeas corpus petition brought pursuant to 28 U.S.C. § 2241. The magistrate
judge entered a report and recommendation recommending that the action be dismissed on
the merits. Since then, a motion has been filed by the respondents, stating that this whole
matter is now moot, as the petitioner has been deported. The fact of the petitioner’s
deportation has superseded the facts upon which the report and recommendation is based.
Therefore, the respondents’ motion to dismiss on the ground that the relief sought is moot
is due to be GRANTED and the action is due to be DISMISSED AS MOOT.
An appropriate order will be entered.
Done this 6th day of September 2012.

L. SCOTT COOGLER
UNITED STATES DISTRICT JUDGE
160704