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O'SULLIVAN v. HOLDER, 4:12-cv-0253-RDP-PWG. (2012)

Court: District Court, N.D. Alabama Number: infdco20120525809 Visitors: 4
Filed: May 24, 2012
Latest Update: May 24, 2012
Summary: MEMORANDUM OPINION R. DAVID PROCTOR, District Judge. This is a habeas corpus case filed pursuant to 28 U.S.C. 2241 by Kern O'Sullivan, pro se. Petitioner contends that he is being illegally detained by Respondents and that he is due to be released from custody pending his removal to Jamaica under the Immigration and Nationality Act. (Doc. 1). Respondents have filed a motion to dismiss this matter as being moot. (Doc. 10). In support of their motion to dismiss, Respondents have filed evid
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MEMORANDUM OPINION

R. DAVID PROCTOR, District Judge.

This is a habeas corpus case filed pursuant to 28 U.S.C. § 2241 by Kern O'Sullivan, pro se. Petitioner contends that he is being illegally detained by Respondents and that he is due to be released from custody pending his removal to Jamaica under the Immigration and Nationality Act. (Doc. 1). Respondents have filed a motion to dismiss this matter as being moot. (Doc. 10).

In support of their motion to dismiss, Respondents have filed evidentiary materials showing that Petitioner was released from custody under an order of supervision on May 16, 2012. (Doc. 10-1). Thus, Petitioner's claim for release under an order of supervision or for repatriation is moot. See Nyaga v. Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003) ("a case must be dismissed as moot if the court can no longer provide `meaningful relief'"). Accordingly, this matter is due to be dismissed as moot.

A separate final order will be entered.

Source:  Leagle

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