Shimon v. Hassell

Filing 9

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 9/1/2015. (AVC)

FILED
2015 Sep-01 PM 01:50
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
DAVID SHIMON,
Petitioner,
v.
SCOTT HASSELL,
Respondent.

)
)
)
)
)
)
)
)
)

4:15-cv-00197-AKK-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 Petitioner, a citizen of Australia, challenges his continued
detention at the Etowah County Detention Center. (Doc. 1). The Respondent has
filed a motion to dismiss the action as moot. (Doc. 8). The motion is due to be
granted.
In support of his motion, the Respondent has filed a declaration from Bryan
S. Pitman, the Supervisory Detention and Deportation Officer of the United States
Immigration and Customs Enforcement (ICE) facility in Gadsden, Alabama.
(Doc. 8-1). In his declaration, Pitman states that the Petitioner was released from
ICE custody on August 25, 2015 and removed from the United States. (Id.) Thus,
the Petitioner’s claim for release from custody 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, the Respondent’s
motion is due to be granted, and this matter is due to be dismissed as moot. A
separate final order will be entered.
DONE the 1st day of September, 2015.

________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

2