DELAFLOR MORALES v. BARR et al

Filing 8

ORDER OF DISMISSAL - The #6 Report and Recommendation is adopted, and it is incorporated into this order. The clerk will enter a judgment that says "The habeas petition is dismissed as moot." The clerk will then close the file. Signed by JUDGE ALLEN C WINSOR on 1/6/2021. (cle)

Case 4:20-cv-00533-AW-MAF Document 8 Filed 01/06/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
FRANCISCO DELAFLOR MORALES,
Petitioner,
v.

Case No. 4:20-cv-533-AW-MAF

JEFFREY ROSEN1 et al.,
Respondents.
_______________________________/
ORDER OF DISMISSAL
Francisco Delaflor Morales petitioned for a writ of habeas corpus, challenging
the lawfulness of his detention by the United States Immigration and Customs
Enforcement. ECF No. 1. The magistrate judge has filed a Report and
Recommendation (ECF No. 6), which recommends dismissal based on mootness.
As the R&R points out, mail to Morales has been returned with an indication that
Morales is no longer at the facility he reported as his address. It thus appears that the
action is moot because Morales was either removed or released. And even if he were
neither removed nor released, he has effectively abandoned his case by not keeping
the court apprised of his current address.

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Among the respondents was United States Attorney General William Barr.
ECF No. 1. Because the Attorney General was sued in his official capacity, his
successor is automatically substituted as a party. Fed. R. Civ. P. 25(d).
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Case 4:20-cv-00533-AW-MAF Document 8 Filed 01/06/21 Page 2 of 2

I have determined the Report and Recommendation should be adopted, and it
is now incorporated into this order. The clerk will enter a judgment that says “The
habeas petition is dismissed as moot.” The clerk will then close the file.
SO ORDERED on January 6, 2021.
s/ Allen Winsor
United States District Judge

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