Charles v. Hassell et al

Filing 10

MEMORANDUM OPINION. Signed by Judge R David Proctor on 4/17/2014. (AVC)

FILED
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
MIDDLE DIVISION
GBEY GOULEY MARCELIN CHARLES,
Petitioner,
v.
SCOTT HASSELL, in his capacity as Chief/
Warden, Etowah County Detention Center,
et al.,
Respondents.

)
)
)
)
)
)
)
)
)
)
)

4:14-cv-0340-RDP-JEO

MEMORANDUM OPINION
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

17th

day of April, 2014.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE