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)

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