Elanany v. Doll

Filing 13

ORDER DISMISSING petition for writ of habeas corpus 1 as MOOT & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 5/24/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
HASSAN ELANANY,
Petitioner
v.
WARDEN CLAIR DOLL,
Respondent

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CIVIL NO. 1:17-CV-2405
(Chief Judge Conner)

ORDER
AND NOW, this 24th day of May, 2018, upon consideration of the petition for
writ of habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. 1), wherein petitioner,
Hassan Elanany, challenges the constitutionality of his prolonged detention by the
United States Immigration and Customs Enforcement (“ICE”), and upon further
consideration of respondent’s suggestion of mootness indicating that petitioner was
deported from the United States on May 16, 2018, see (Doc. 12; Doc. 12-1, Warrant of
Removal/ Deportation), and is no longer in ICE custody, 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

outcome of a suit or prevent a court from being able to grant the requested relief,
the case must be dismissed as moot.”), 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.

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

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