Vitalis v. Holder et al
MEMORANDUM OPINION. Signed by Judge Robert B Propst on 11/18/2013. (AVC)
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
ERIC H. HOLDER, et al.,
Case No.: 4:13-cv-00933-RBP-PWG
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
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