Callwood v. Holder et al

Filing 9

MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 5/20/13. (SAC )

FILED
2013 May-20 PM 04:29
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
DENVILLE CALLWOOD,

)
)
)
)
)
)
)
)

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

Case No.: 4:13-cv-00437-WMA-JEO

MEMORANDUM OPINION
On March 5, 2013, Petitioner filed a petition for writ of habeas corpus seeking to be
released from custody pending his removal to the British Virgin Islands. (Doc. 1 at 6). On May
17, 2013, Respondents filed a motion to dismiss the petition as moot. (Doc. 8). In their motion,
Respondents note that Petitioner was released on an Order of Supervision on May 17, 2013.
(Doc. 8-1). Because Petitioner has been released on an Order of Supervision, thus, is no longer
in custody, his petition 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, Respondents' Motion to Dismiss as Moot (doc. 8) is due to be granted and the
petition is due to be dismissed without prejudice.
Done this 20th day of May, 2013.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE