Bartley v. Hassell et al
Filing
24
MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 06/16/2017. (KBB)
FILED
2017 Jun-16 AM 08:39
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
JULIAN BARTLEY,
)
)
Petitioner,
)
)
vs.
)
WARDEN SCOTT HASSELL, et al., )
)
)
Respondents.
Civil Action Number
4:16-cv-01370-AKK-HNJ
MEMORANDUM OPINION
On August 22, 2016, Julian Bartley filed a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2241. Doc. 1. At the time he filed his petition,
Bartley, a native of Jamaica, was incarcerated at the United States Immigration and
Customs Enforcement (“ICE”) facility at Gadsden, Alabama.
In his petition,
Bartley alleged that he was being illegally detained by ICE pending his deportation
to Jamaica. See generally doc. 1.
On May 25, 2017, Bartley was released from ICE custody and removed
from the United States to Jamaica. Docs. 23; 23-1. Respondents have filed a
motion to dismiss the action as moot, since Bartley is no longer in ICE custody.
Doc. 23.
After consideration of the record in this case and respondents’ motion to
dismiss, the court finds that Bartley’s removal to Jamaica has rendered his habeas
corpus petition moot. See Nyaga v. Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003)
(citations omitted); Soliman v. U.S. ex rel. INS, 296 F.3d 1237 (11th Cir. 2002).
Moreover, the court finds that no exceptions to the mootness doctrine apply in this
case. See Carafas v. LaVallee, 391 U.S. 234, 237 (1968); Murphy v. Hunt, 455
U.S. 478, 482 (1982). Therefore, because there is no longer any relief that can be
granted to Bartley, his petition is due to be dismissed as moot.
A final judgment will be entered contemporaneously herewith.
DONE the 16th day of June, 2017.
_________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
2
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