Joseph v. Holder et al
MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 6/5/12. (KGE, )
2012 Jun-05 PM 03:35
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
ORPHEUS HUGH JOSEPH,
ERIC H. HOLDER, Attorney General of the
United States, et al.,
This is a habeas corpus case filed pursuant to 28 U.S.C. § 2241 by Orpheus Hugh Joseph,
pro se. The petitioner contends that he is being illegally detained by the respondents and that he is
due to be released from custody pending his removal to the United Kingdom under the Immigration
and Nationality Act. (Doc. 1). The respondents have filed a motion to dismiss this matter as being
moot. (Doc. 3). They have also filed a supplement that includes a corrected exhibit 1. (Doc. 4).
Upon consideration, the court finds that the respondents’ motion is due to be granted and that the
petition is due to be dismissed as moot.
In support of their motion to dismiss, the respondents have filed evidentiary materials
showing that the petitioner was released from custody under order of supervision on May 24, 2012.
(Doc. 3-1). Thus, the petitioner’s claim for release under an order of supervision or for repatriation
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’”). Accordingly, this matter is due to be
dismissed as moot. A separate final order will be entered.
Done this 5th day of June 2012.
L. Scott Coogler
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?