BRICE v. MUKASEY

Filing 7

REPORT AND RECOMMENDATION re 5 MOTION to Dismiss 28 U.S.C., Section 2241 Petition filed by MICHAEL ROZOS, MICHAEL B MUKASEY, DEPARTMENT OF HOMELAND SECURITY, DAVID HARVEY, MICHAEL CHERTOFF : It is recommended Granting Motion to Dismiss. Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 12/9/2008. Internal deadline for referral to district judge if objections are not filed earlier: 1/6/2009. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION DWAIN JOHN BRICE, Petitioner, v. MICHAEL B. MUKASEY, et al., Respondents. ___________________________/ REPORT AND RECOMMENDATION This matter is before the Court on Doc. 1, Petition for Writ of Habeas Corpus, filed by Justo L. Carriles. Petitioner paid the filing fee. Respondents were directed to file a response, and they have filed a motion to dismiss based on the fact that no case or controversy exists, Petitioner having been released from detention. Doc. 5. Petitioner has not responded to the motion to dismiss, and thus, this cause is in a posture for decision. In his petition, Petitioner did not contest his removal from the United States but rather challenged his continued detention after Respondents were unable to deport him within six months and were not likely to be able to deport him in the foreseeable future. Doc. 1. It is clear from the order of supervision attached to Respondents' motion to dismiss answer that Petitioner has indeed been released. Doc. 5, Ex. 1. This cause is therefore moot and should be dismissed, Petitioner having been granted all the relief requested in his petition. CASE NO. 4:08-cv-353-SPM-AK

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In light of the foregoing, it is respectfully RECOMMENDED that the motion to dismiss, Doc. 5, be GRANTED, and that the petition for writ of habeas corpus be DISMISSED as moot. IN CHAMBERS at Gainesville, Florida, this 9th day of December, 2008.

s/ A. KORNBLUM ALLAN KORNBLUM UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES A party may file specific, written objections to the proposed findings and recommendations within 15 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 10 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations.

Case No: 4:08-cv-353-SPM-AK