Theus v. Holder et al

Filing 11

MEMORANDUM OPINION Signed by Judge Karon O Bowdre on 4/29/13. (SAC )

FILED
2013 Apr-29 PM 04:22
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
MARK THEUS,

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

4:13-cv-0021-KOB-RRA

MEMORANDUM OPINION
This matter is before the court on the habeas corpus petition filed by the petitioner,
Mark Theus, pursuant to 28 U.S.C. § 2241. (Doc. 1). The magistrate judge entered a report
recommending that the court grant the respondents’ motion to dismiss as moot because the
petitioner was released from ICE custody on April 3, 2013 pursuant to an order of
supervision. (Doc. 9). No parties have filed any objections.
Having considered the entire file in this action, including the report and
recommendation, the court ADOPTS the magistrate judge’s report and ACCEPTS his
recommendation. Accordingly, the court finds that the respondents’ motion to dismiss is due
to be granted because the petitioner is no longer in ICE custody pursuant to an order of
supervision. The court will enter a separate order granting the motion to dismiss and
dismissing this action as moot.
DONE and ORDERED this 29th day of April, 2013.

____________________________________
KARON OWEN BOWDRE
UNITED STATES DISTRICT JUDGE