Duah v. Etowah County Detention Center

Filing 8

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 8/27/2018. (PSM)

FILED
2018 Aug-27 AM 08:51
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
EMMANUEL DUAH,
Petitioner,
v.
ETOWAH COUNTY DETENTION
CENTER,

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Case No. 4:17-cv-2042-LSC-TMP

Respondent.

MEMORANDUM OPINION
This case is before the court on Respondent’s Motion to Dismiss Petition as
Moot, filed August 22, 2018. (Doc. 7). In the motion, Respondent notes Petitioner
was released from ICE custody and deported from the United States on June 19,
2018. (Doc. 7-1). Because Petitioner has been released, Respondent contends this
case is due to be dismissed as moot.
On December 11, 2017, Petitioner filed a petition for writ of habeas corpus
seeking to be released from custody pending his removal from the United States.
(Doc. 1). Because Petitioner has been released from ICE custody, his petition
seeking that very relief 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'"); see also Spencer v. Kemna, 523 U.S. 1, 7-8 (1998) (once a
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habeas petitioner is released from custody, he must demonstrate collateral
consequences to avoid mootness doctrine). Accordingly, this matter is due to be
dismissed. Khader v. Holder, 843 F. Supp. 2d 1202, 1202 (N.D. Ala. 2011).
A separate order will be entered.
DONE and ORDERED on August 27, 2018.

_____________________________
L. Scott Coogler
United States District Judge
160704

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