Rhodes v. Dobson

Filing 10

ORDER OF DISMISSAL WITHOUT PREJUDICE, with directions to the Clerk. Signed by Judge Marcia Morales Howard on 12/1/2014. (BL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

SIMON RHODES,
Petitioner,
vs.

Case No. 3:14-cv-841-J-34MCR

ERIC H. HOLDER, JR.,
etc.; et al.,
Respondents.
ORDER OF DISMISSAL WITHOUT PREJUDICE
On July 21, 2014, Petitioner Simon Rhodes filed a pro se
Petition for Writ of Habeas Corpus (Petition; Doc. 1) pursuant to
28 U.S.C. § 2241. Rhodes filed an Amended Petition (Doc. 5) on
August 8, 2014. In the Amended Petition, Rhodes seeks his release
from the custody of the United States Immigration and Customs
Enforcement (ICE). On October 1, 2014, Respondents filed a Motion
to Dismiss (Motion; Doc. 8) with exhibits (Resp. Ex). In the
Motion, they assert that Rhodes was released from ICE custody on
September

22,

2014,

see

Resp.

Ex.

A,

Warrant

of

Removal/Deportation, and as such, this case no longer presents a
case or controversy, and therefore should be dismissed as moot.

Motion at 1-2. In an Order dated October 3, 2014, the Court
directed Rhodes to respond to Respondents' Motion by November 5,
2014. See Order (Doc. 9), filed October 3, 2014. Additionally, the
Court advised Rhodes that his failure, by the designated deadline,
to respond to the Motion would result in the dismissal of this
action without further notice.
In

prosecuting

this

action,

Rhodes

is

responsible

for

complying with the Court's Order. On October 24, 2014, Rhodes' copy
of the Order (Doc. 9) was returned as undeliverable. As of the date
of this Order, Rhodes has neither responded to Respondents' Motion,
explained his noncompliance, nor requested additional time to
comply with the Court's Order. Thus, given that Rhodes has not
filed any documents in this case since September 25, 2014, and the
designated time period to respond to the Court's Order (Doc. 9)
having passed on Wednesday, November 5, 2014, as well as it
appearing that this action is now moot, this Court concludes that
the dismissal of this case is appropriate at this time.
Accordingly, it is now
ORDERED AND ADJUDGED:
1.

This case is DISMISSED without prejudice.

2.

The Clerk of Court shall enter judgment dismissing this

case without prejudice, closing the case and terminating any
pending motions.

3.

The Clerk of Court shall send Rhodes a copy of this Order

to his last known address on file with this Court: Krome Service
Processing Center in Miami, Florida.
DONE AND ORDERED at Jacksonville, Florida, this 1st day of
December, 2014.

sc 11/28
c:
Simon Rhodes
Counsel of Record