Michael Martin Zurek v. Eric H Holder et al

Filing 14

ORDER TO SHOW CAUSE WHY PETITION SHOULD NOT BE DISMISSED AS MOOT by Magistrate Judge Frederick F. Mumm Response to Order to Show Cause due by 11/25/2011. It appears that petitioner having been released from physical custody there is no further relief this Court can provide. Therefore, petitioner is ordered to show cause within 15 days of the date of this order why this action should not be dismissed for mootness. Respondent may file a reply to petitioners response within 10 days thereafter. (jm)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

CENTRAL DISTRICT OF CALIFORNIA

9
10
11
12
13
14
15

MICHAEL MARTIN ZUREK,

)
)
Petitioner,
)
)
v.
)
)
ERIC H. HOLDER, Attorney General )
of the United States, et al.,
)
)
Respondents.
)
)

No. SACV 11-1414 GHK (FFM)
ORDER TO SHOW CAUSE WHY
PETITION SHOULD NOT BE
DISMISSED AS MOOT

16

On or about September 3, 2011, petitioner Michael Martin Zurek filed a Petition

17
18

for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 which challenged his

19

detention by U.S. Immigration and Customs Enforcement (“ICE”). On November 3,

20

2011, petitioner filed a notice with the Court that he had been released from ICE

21

custody under supervised release. On that same date, respondent filed a Notice of

22

Petitioner’s Release from Custody and Suggestion of Mootness.

23

///

24

///

25

///

26

///

27

///

28

///

1

It appears that petitioner having been released from physical custody there is no

2

further relief this Court can provide. Therefore, petitioner is ordered to show cause

3

within 15 days of the date of this order why this action should not be dismissed for

4

mootness. Respondent may file a reply to petitioner’s response within 10 days

5

thereafter.

6

IT IS SO ORDERED.

7
8

DATED: November 9, 2011

9
10
11

______________________________
FREDERICK F. MUMM
United States Magistrate Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2