Umar v. Etowah County Detention Center
MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 5/11/2018. (PSM)
2018 May-11 PM 03:29
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
ABDUL MALIK UMAR,
Case No. 4:18-cv-00261-LSC-HNJ
Petitioner initially filed a petition for writ of habeas corpus pursuant to 28
U.S.C. § 2241, seeking release from detention pending deportation to Ghana. (Doc.
1). On April 17, 2018, the magistrate judge entered a report and recommendation
that the petitioner’s request for habeas released was due to be granted and the
petitioner released from custody, based on the respondent’s “Notice of NonOpposition.” (Doc. 7). The magistrate judge advised the parties of their respective
rights to file objections to the recommendation. (Id., at 2). The respondent then filed
a “Notice of Petitioner’s Change in Status” statin that ICE released the petitioner
from custody on April 19, 2018. (Doc. 8).
After consideration of the record in this action, the report and
recommendation, and the respondent’s Notice of Petitioner’s Change in Status, the
court finds that petitioner’s release on an order of supervision has rendered his habeas
corpus petition moot. See Nyaga v. Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003); Soliman
v. United States ex rel. INS, 296 F.3d 1237, 1242 (11th Cir. 2002). Moreover, the court
finds that no exceptions to the mootness doctrine apply in this case. See Murphy v.
Hunt, 455 U.S. 478, 482 (1982); Carafas v. La Vallee, 391 U.S. 234, 237 (1968).
Therefore, the court is of the opinion this action is due to be DISMISSED as
MOOT. A separate Order will be entered.
DONE and ORDERED on May 11, 2018.
L. Scott Coogler
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?