Orabi v. Holder et al

Filing 5

MEMORANDUM OPINION Signed by Judge Abdul K Kallon on 06/20/2013. (PSM)

FILED
2013 Jun-20 PM 03:22
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
MOHAMMAD NAIM ORABI
Petitioner,
v.
ERIC HOLDER, et al.,
Respondents.

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Case No.: 4:13-cv-00847-AKKJEO

MEMORANDUM OPINION
On May 6, 2013, Petitioner filed a petition for writ of habeas corpus seeking
to be released from custody. (Doc. 1 at 13-14). On June 5, 2013, Respondents
filed a motion to dismiss the petition as moot. (Doc. 4). In their motion,
Respondents note that Petitioner was released on an Order of Supervision on June
4, 2013. (Doc. 4-1 at 2). 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. 4) is due to be granted and the petition is due to
be dismissed without prejudice.

Done the 20th day of June, 2013.

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ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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