DORCELUS v. STATE OF FLORIDA

Filing 8

ORDER OF DISMISSAL Signed by JUDGE ALLEN C WINSOR on 11/26/24. The 6 report and recommendation is adopted and incorporate it into this order. A certificate of appealability is denied. The clerk is directed to enter judgment and close the file. (tss)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
MICHELEL DORCELUS,
Petitioner,
v.

Case No. 1:24-cv-151-AW-ZCB

STATE OF FLORIDA,
Respondent.
_______________________________/
ORDER OF DISMISSAL
Petitioner Michelel Dorcelus sought § 2241 relief. ECF No. 1. His basic claim
was that he was a pretrial detainee unlawfully held. Because it appeared the charges
had been dismissed and Petitioner had been released, the magistrate judge asked
Petitioner to show cause why the case should not be dismissed as moot. ECF No. 5.
After Petitioner did not respond, the magistrate judge recommended dismissal based
on mootness. ECF No. 6. Petitioner has filed no objection.1
Having carefully considered the matter, I now adopt the report and
recommendation and incorporate it into this order. The clerk will enter a judgment

1

I note that the report and recommendation was returned as undeliverable.
ECF No. 7. The returned mail notes Petitioner is not in custody. This is, of course,
consistent with a conclusion that this case is moot. At any rate, Petitioner had an
obligation to keep the clerk apprised of his address, so the fact that Petitioner’s notice
copy was returned is no reason to delay.
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that says, “The § 2241 petition is dismissed for lack of subject-matter jurisdiction
based on mootness.” A certificate of appealability is denied.
The clerk will close the file.
SO ORDERED on November 26, 2024.
s/ Allen Winsor
United States District Judge

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