Lizarzabal v. Lynch et al

Filing 9

ORDER OF DISMISSAL WITHOUT PREJUDICE, with directions to the Clerk. Signed by Judge Marcia Morales Howard on 2/4/2016. (BL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

HENDRIX LIZARZABAL,
Petitioner,
vs.

Case No. 3:15-cv-1307-J-34JBT

LORETTA LYNCH, UNITED STATES
ATTORNEY GENERAL, et al.,
Respondents.
ORDER OF DISMISSAL WITHOUT PREJUDICE
On November 2, 2015, Petitioner Hendrix Lizarzabal filed a pro
se Petition for Writ of Habeas Corpus (Petition; Doc. 1) pursuant
to 28 U.S.C. § 2241. In the Petition, Lizarzabal seeks his release
from the custody of the United States Immigration and Customs
Enforcement

(ICE).

Respondents

to

On

respond

December
to

the

7,

2015,

Petition

the

Court

within

directed

sixty

days.

Lizarzabal’s copy of the Order was returned to the Court as
undeliverable with the notation “released” on December 15, 2015. On
February 1, 2016, Respondents filed a Notice of Removal (Notice;
Doc. 8) with an exhibit (Resp. Ex. A, Declaration of Deportation
Officer Hector H. Diaz-Martinez). In the Notice, they assert that
Lizarzabal was removed from the United States on December 24, 2015,
see Resp. Ex. A, is no longer in the custody of ICE, and as such,
his case should be dismissed, see Notice at 1. The Court concludes

that this case no longer presents a case or controversy, and
therefore the dismissal of this case is appropriate at this time.
Accordingly, it is now
ORDERED AND ADJUDGED:
1.

This case is DISMISSED without prejudice as moot.

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 Lizarzabal a copy of this

Order to his last known address on file with this Court (Baker
County Detention Center).
DONE AND ORDERED at Jacksonville, Florida, this 4th day of
February, 2016.

sc 2/2
c:
Hendrix Lizarzabal
Counsel of Record

- 2 -