Semedo v. U.S. Attorney General et al

Filing 6

ORDER OF DISMISSAL WITHOUT PREJUDICE, with directions to the Clerk. Signed by Judge Marcia Morales Howard on 12/14/2016. (BL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

GERSON PATRICK SPENCER SEMEDO,
Petitioner,
vs.

Case No. 3:16-cv-1117-J-34PDB

U.S. ATTORNEY GENERAL,
et al.,
Respondents.
ORDER OF DISMISSAL WITHOUT PREJUDICE
On September 1, 2016, Petitioner Gerson Patrick Spencer Semedo
filed a pro se Petition for Writ of Habeas Corpus (Petition; Doc.
1) pursuant to 28 U.S.C. § 2241. In the Petition, Semedo seeks his
release from the custody of the United States Immigration and
Customs Enforcement (ICE). On October 11, 2016, the Court directed
Respondents to respond to the Petition within sixty days from the
date of service of process. See Order (Doc. 4). On December 13,
2016, Respondents filed a Notice of Petitioner's Release from
Custody (Notice; Doc. 5). In the Notice, Respondents assert that
ICE removed Semedo from the United States on December 7, 2016, see
Notice at 1; Semedo is no longer in the custody of ICE; and as
such, his case should be dismissed. The Court concludes that this
case no longer presents a case or controversy, and therefore the
dismissal of the 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 Semedo a copy of this Order

to his last known address on file with this Court.
DONE AND ORDERED at Jacksonville, Florida, this 14th day of
December, 2016.

sc 12/14
c:
Gerson Patrick Spencer Semedo
Counsel of Record

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