Konate v. Attorney General et al

Filing 4

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 11/19/2013. (MSN)

FILED
2013 Nov-19 AM 09:47
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
OUMAR KONATE,

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Petitioner,
v.
ERIC HOLDER, et al.,
Respondents.

Case No.: 4:13-cv-1823-LSC-PWG

MEMORANDUM OPINION
This case is before the court on Respondents’ Motion to Dismiss as Moot (Doc. # 3), filed
November 15, 2013. In their motion, Respondents note that Petitioner was released from ICE
custody on November 14, 2013, pursuant to an Order of Supervision. (Doc. # 3-1). Respondents
argue that, because Petitioner has been released on an Order of Supervision, this case is due to be
dismissed as moot.
On October 1, 2013, Petitioner filed a petition for writ of habeas corpus seeking to be
released from custody pending his removal to the Republic of Congo. (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, Respondents’ motion is due to be granted and 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 19th day of November 2013.

L. Scott Coogler
United States District Judge
[160704]

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