Hankey v. Attorney General et al
MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 8/5/14. (SAC )
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
MAURICE HANKEY, JR.,
ATTORNEY GENERAL et al.,
Case No.: 4:13-cv-02181-WMA-JEO
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?