Osinowo v. Lynch et al

Filing 19

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 10/18/2017. (JLC)

FILED
2017 Oct-18 AM 11:56
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
OLUSEYI OSINOWO,
Petitioner,
v.
LORETTA LYNCH, U.S. Attorney
General, et al.,
Respondents.

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Case No.: 4:16-CV-1985-VEH-SGC

MEMORANDUM OPINION
This is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241
on behalf of petitioner, Oluseyi Osinowo, seeking his release pending removal to
Nigeria. On August 28, 2017, the magistrate judge entered a report (Doc. 17),
recommending the petitioner’s motion seeking a temporary restraining order( Doc.
16) be denied. The petitioner’s motion, and the magistrate judge’s report remain
pending.
On August 30, 2017, the respondents filed a motion to dismiss this matter as
moot. (Doc. 18). The motion notes the petitioner was removed from the United States
on August 29, 2017. (Id.). The petitioner has not responded. Because the petitioner
has been removed, the court can no longer provide meaningful relief. Thus, the court
finds that the petition for writ of habeas corpus is moot. See Nyaga v. Ashcroft, 323

F.3d 906, 913 (11th Cir. 2003). Accordingly, the respondents’ motion to dismiss is
due to be granted, and the petition is due to be dismissed. In light of the foregoing,
the Clerk of Court is DIRECTED to TERM the petitioner’s motion and the
magistrate judge’s report as MOOT. (Docs. 16, 17).
A separate order will be entered.
DONE and ORDERED this the 18th day of October, 2017.

VIRGINIA EMERSON HOPKINS
United States District Judge