Myrachid v. Sabol et al

Filing 13

ORDER DISMISSING petition for writ of h/c 1 as MOOT, directing Clrk of Ct to CLOSE case, & noting any appeal will be deemed frivolous, lacking in merit & not taken in good faith. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 11/23/15. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ELOUAFAI MYRACHID,
Petitioner
v.
WARDEN MARY SABOL,
DIRECTOR THOMAS DECKER,
THOMAS S. WINKOWASKI,
JEH JOHNSON,
Respondents

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CIVIL NO. 1:15-CV-355
(Chief Judge Conner)

ORDER
AND NOW, this 23rd day of November, 2015, upon consideration of
respondents’ supplemental response (Doc. 12) to the petition for writ of habeas
corpus, and according to the “Order of Supervision” (Doc. 12, at 5-6) attached to the
supplemental response, on or about June 30, 2015, petitioner was released from the
custody of Immigration and Customs Enforcement pursuant to an order of
supervision, which renders the petition moot, see Khodara Envtl., Inc. ex rel. Eagle
Envtl., L.P. v. Beckman, 237 F.3d 186, 192-93 (3d Cir. 2001) (“Article III of the
Constitution grants the federal courts the power to adjudicate only actual, ongoing
cases or controversies.”); Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698-99
(3d Cir. 1996) (“If developments occur during the course of adjudication that
eliminate a plaintiff’s personal stake in the merit of a suit or prevent a court from

being able to grant the requested relief, the case must be dismissed as moot.”);
Sanchez v. AG, 146 Fed. Appx’ 547, 549 (3d Cir. 2005) (holding that the habeas
petition challenging the petitioner’s continued detention by Immigration and
Customs Enforcement was rendered moot once the petitioner was released from
immigration custody), it is hereby ORDERED that:
1.

The petition for writ of habeas corpus (Doc. 1) is DISMISSED as moot.

2.

The Clerk of Court is directed to CLOSE this case.

3.

Any appeal will be deemed frivolous, lacking merit, and not taken in
good faith.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania