WILLIAMS v. GEORGIA DEPARTMENT OF CORRECTIONS

Filing 5

ORDER dismissing as moot Petitioner's petition without prejudice. Ordered by U.S. District Judge HUGH LAWSON on 8/25/2014. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION

KENNETH WILLIAMS,
Petitioner
VS.
GEORGIA DEPARTMENT OF
CORRECTIONS,
Respondent.
_________________________________

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CIVIL No. 7:14-CV-98-HL-TQL

PROCEEDINGS UNDER 28 U.S.C. § 2241

ORDER
Petitioner Kenneth Williams filed what the court deemed a petition pursuant to 28 U.S.C.
§ 2241. (Doc. 1.) Petitioner was thereafter ordered to pay the filing fee or file a proper motion
to proceed in forma pauperis. (Doc. 4.) Petitioner was also ordered to re-file his habeas petition
on this Court’s standard § 2241 forms. Petitioner has failed to comply with the Court’s order in
the time allowed. On July 9, 2014, Petitioner was released from custody at Valdosta State
Prison. (Doc. 3.)
“[A] case is moot when the issues presented are no longer live or the parties lack a legally
cognizable interest in the outcome.” Al Najjar v. Ashcroft, 273 F.3d 1330, 1335-36 (11th Cir.
2001) (internal quotation marks and citation omitted). “If events that occur subsequent to the
filing of a lawsuit or an appeal deprive the court of the ability to give the plaintiff or appellant
meaningful relief, then the case is moot and must be dismissed.” Id. at 1336. Where a habeas
petitioner who was protesting his detention is no longer in custody, the dispute with regard to his

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detention is mooted. See Spencer v. Kemna, 523 U.S. 1, 7-8 (1998) (discussing “in custody”
requirement of habeas statute 28 U.S.C. § 2254). Since the Court can no longer give the
Petitioner any meaningful relief, the case is moot and “dismissal is required because mootness is
jurisdictional.” Al Najjar, 273 F.3d at 1336.
WHEREFORE, Petitioner’s petition filed pursuant to 28 U.S.C. § 2241 is hereby
DISMISSED as MOOT without prejudice to his right to file a new petition in the future if a
change in his circumstances occurs.
SO ORDERED, this 25th day of August, 2014.

s/ Hugh Lawson________________
HUGH LAWSON, SENIOR JUDGE
lws

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