Charles v. Hassell et al
MEMORANDUM OPINION. Signed by Judge R David Proctor on 4/17/2014. (AVC)
2014 Apr-17 AM 11:17
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
GBEY GOULEY MARCELIN CHARLES,
SCOTT HASSELL, in his capacity as Chief/
Warden, Etowah County Detention Center,
This is an action on a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241.
The pro se Petitioner contends that he is being illegally detained pending his removal from the
United States under the Immigration and Nationality Act. (Doc. 1). See generally Zadvydas v.
Davis, 533 U.S. 678 (2001). Respondents now move to dismiss the action as moot. (Doc. 9).
In support of their motion, Respondents have filed evidence showing that Petitioner was
released from custody under order of supervision. (Doc. 9-1). Thus, Petitioner’s claim for release
under an order of supervision or for repatriation 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’”). Accordingly, Respondents’ motion is due to be granted, and this matter is due to be
dismissed as moot. A separate final order will be entered.
DONE and ORDERED this
day of April, 2014.
R. DAVID PROCTOR
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?