Kamrul-Islam v. Lowe et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; ORDER DISMISSING CASE as moot. Clerk of Court is directed to close this case.Signed by Honorable A. Richard Caputo on 7/7/17. (jam)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MOHAMMED KAMRUL-ISLAM, CIVIL ACTION NO. 3:16-CV-2566 Petitioner, v. (JUDGE CAPUTO) CRAIG LOWE, et al., (MAGISTRATE JUDGE SCHWAB) Respondents. ORDER Presently before the Court is Magistrate Judge Schwab’s Report and Recommendation (“R& R”) (Doc. 10), recommending that Petitioner Mohammed KamrulIslam’s petition for writ of habeas corpus (Doc. 1), filed pursuant to 28 U.S.C. § 2241, be dismissed without prejudice for the failure to exhaust administrative remedies. (Id. at 8.) However, following the filing of Magistrate Judge Schwab’s R & R, counsel for Petitioner filed a Suggestion of Mootness with this Court. (Doc. 11). The Suggestion of Mootness states that the Petitioner has been released on an Immigration Court bond and is no longer in Immigration and Customs Enforcement (“ICE”) custody, and suggests that the petition, wherein Petitioner sought immediate release from custody, be dismissed as moot. Accordingly, based on the representation of Petitioner’s counsel, because the relief sought by Petitioner is no longer available, IT IS HEREBY ORDERED that the petition for writ of habeas corpus (Doc. 1) is DISMISSED as MOOT. It is FURTHER ORDERED that the Clerk of Courts is directed to close this case. July 7, 2017 Date /s/ A. Richard Caputo A. Richard Caputo United States District Judge

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