Phillip v. Miller et al

Filing 6

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 5/7/2013. (JLC)

FILED
2013 May-07 AM 11:27
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
ERVIN LENROY PHILLIP,
Petitioner,
v.
PHILLIP MILLER, et al.,
Respondents.

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Case No.: 4:13-cv-00573-VEH-JEO

MEMORANDUM OPINION
On March 27, 2013, Petitioner filed a petition for writ of habeas corpus seeking to be
released from custody, under reasonable conditions of supervision, pending his removal to
Antigua. (Doc. 1 at 7). On May 1, 2013, Respondents filed a motion to dismiss the petition as
moot. (Doc. 5). In their motion, Respondents note that Petitioner was released on an Order of
Supervision on May 1, 2013. (Doc. 5-1). 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. 5) is due to
be granted and the petition is due to be dismissed without prejudice.
DONE this 7th day of May, 2013.

VIRGINIA EMERSON HOPKINS
United States District Judge