Vitalis v. Holder et al

Filing 10

MEMORANDUM OPINION. Signed by Judge Robert B Propst on 11/18/2013. (AVC)

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FILED 2013 Nov-18 AM 09:23 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION ADRIAN VITALIS, ) ) ) ) ) ) ) ) ) ) Petitioner, v. ERIC H. HOLDER, et al., Respondents. Case No.: 4:13-cv-00933-RBP-PWG MEMORANDUM OPINION This case is before the court on Respondents’ Motion to Dismiss as Moot (Doc. # 9), filed November 12, 2013. In their motion, Respondents note that Petitioner was released from ICE custody on October 28, 2013, pursuant to an Order of Supervision. (Doc. # 9-1). Respondents argue that, because Petitioner has been released on an Order of Supervision, this case is due to be dismissed as moot. On May 16, 2013, Petitioner filed a petition for writ of habeas corpus seeking to be released from custody pending his removal to Santa Lucia. (Doc. # 1). Because Petitioner has been released on an Order of Supervision, his petition seeking that very relief 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’”); 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, this matter is due to be dismissed. Khader v. Holder, 843 F. Supp. 2d 1202 (N.D. Ala. 2011). As a result, the pending motions for extensions of time filed by Respondents (Docs. ## 5, 6) will also be dismissed as moot. A separate order will be entered. DONE and ORDERED this the 18th day of November, 2013. ROBERT B. PROPST SENIOR UNITED STATES DISTRICT JUDGE 2

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