Caunobly v. Holder et al
MEMORANDUM OPINION. Signed by Chief Judge Sharon Lovelace Blackburn on 11/4/13. (CTS, )
2013 Nov-04 PM 03:06
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
ERIC HOLDER, Attorney General,
United States, et al.,
Case No.: 4:13-cv-01125-JFG-JEO
This case is before the court on Respondents’ Motion to Dismiss as Moot (doc. 10), filed
October 7, 2013. In their motion, Respondents note that Petitioner was released from ICE
custody pursuant to an Order of Supervision on October 4, 2013. (Doc. 10-1). Respondents
argue that because Petitioner has been released on an Order of Supervision, this case is due to be
dismissed as moot.
On June 13, 2013, Petitioner filed a petition for writ of habeas corpus seeking to be
released from custody pending his removal to the Ivory Coast. (Doc. 1). Thus, 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). A separate
order will be entered.
DONE, this 4th day of November, 2013.
SHARON LOVELACE BLACKBURN
CHIEF UNITED STATES DISTRICT JUDGE
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