Charles v. Hassell et al

Filing 10

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

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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

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