Hankey v. Attorney General et al

Filing 13

MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 8/5/14. (SAC )

FILED
2014 Aug-05 AM 11:36
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
MAURICE HANKEY, JR.,
Petitioner,
v.
ATTORNEY GENERAL et al.,
Respondents.

)
)
)
)
)
)
)
)
)
)

Case No.: 4:13-cv-02181-WMA-JEO

MEMORANDUM OPINION
This case is before the court on Respondents’ Motion to Dismiss as Moot (doc. 12), filed
on August 4, 2014. In their motion, Respondents note that Petitioner was released from ICE
custody pursuant to an Order of Supervision on May 16, 2014. (Doc. 12-1). Respondents argue
that because Petitioner has been released on an Order of Supervision, this case is due to be
dismissed as moot.
On December 3, 2013, Petitioner filed a petition for writ of habeas corpus seeking to be
released from custody pending his removal to Grenada. (Doc. 1). Because he 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). The court will enter a separate order..

DONE this 5th day of August, 2014.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE