Doumounian v. Miller et al

Filing 9

MEMORANDUM OPINION Signed by Judge Karon O Bowdre on 11/4/13. (SAC )

FILED
2013 Nov-04 PM 04:28
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
WILFRIED P. DOUMOUNIAN,
Petitioner,
v.
PHILLIP T. MILLER, et al.,
Respondents.

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Case No.: 4:13-cv-00637-KOB-PWG

MEMORANDUM OPINION
This case is before the court on the Respondents’ Motion to Dismiss as Moot filed April 30,
2013. (Doc. 6). In their motion, the Respondents argue that because the Petitioner was released
from ICE custody on April 12, 2013, pursuant to an Order of Supervision (doc. 6-1), the court should
dismiss the case as moot.
On April 8, 2013, the Petitioner filed a petition for writ of habeas corpus seeking release from
custody pending his removal to Burkina Faso. (Doc. 1). Because the Petitioner has been released
on an Order of Supervision, his petition seeking that very relief is now 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’”); see also Spencer v. Kemna, 523 U.S. 1, 8 (1998) (once a habeas
petitioner is released from custody, he must demonstrate collateral consequences to avoid mootness
doctrine).
Accordingly, the court finds that the Respondents’ motion is due to be granted and this matter
is due to be dismissed as moot.
The court will enter a separate Order in conformity with this Memorandum Opinion.

DONE and ORDERED this 4th day of November, 2013.

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KARON OWEN BOWDRE
UNITED STATES DISTRICT JUDGE