Diaz v. Entrekin

Filing 11

MEMORANDUM OPINION. Signed by Judge R David Proctor on 1/19/2016. (AVC)

FILED
2016 Jan-19 AM 10:20
U.S. DISTRICT COURT
N.D. OF ALABAMA

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

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Case No.: 4:15-cv-01455-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.
(Doc. 1). Petitioner challenges his continued detention by the United States Immigration and
Customs Enforcement (“ICE”) at the Etowah County Detention Center in Gadsden, Alabama.
Respondent has filed a motion to dismiss the action as moot. (Doc. 10). Having considered the
motion, the court finds that it is due to be granted.
In support of his motion, Respondent has filed a declaration from Bryan S. Pitman, the
Supervisory Detention and Deportation Officer of the ICE facility in Gadsden, Alabama. (Doc. 101). In his declaration, Pitman states that Petitioner was turned over to the United States Marshals
Service in Birmingham, Alabama, on December 7, 2015, pursuant to an outstanding warrant for
prosecution.1 (Id.) Thus, Petitioner’s claim for release from ICE 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

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Petitioner filed his petition in the name of Eric Diaz, Alien Registration Number A094 222 573. (Doc. 1 at
1). That number, however, is associated with the name Joselito Vasquez Gomez, which is the name appearing on all of
the documentation associated with Petitioner’s immigration proceedings and appears to be Petitioner’s true name. (See
Doc. 1 at 10-28). In his declaration, Pitman refers to Petitioner as Joselito Vasquez Gomez.

longer provide ‘meaningful relief’”). Accordingly, 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 and ORDERED this

19th

day of January, 2016.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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