ADAMS v. U.S., 5:12-HC-2239-BO. (2013)
Court: District Court, E.D. North Carolina
Number: infdco20130911a00
Visitors: 22
Filed: Sep. 10, 2013
Latest Update: Sep. 10, 2013
Summary: ORDER TERRENCE W. BOYLE, District Judge. On September 21, 2012, Bobby Adams filed this matter pursuant to 28 U.S.C. 2241. Respondent has moved to dismiss the matter pursuant to federal Rule of Civil Procedure 12(b)(1) and (6). Since filing in this court, Adams appears to no longer be in the custody of the Federal Bureau of Prisons and has not responded to the pending motion. See Docket and http://www.bop.gov/iloc2/nmateFinderServlet Transaction=IDSearch&needingMoreList=false &IDType=IRN&IDNu
Summary: ORDER TERRENCE W. BOYLE, District Judge. On September 21, 2012, Bobby Adams filed this matter pursuant to 28 U.S.C. 2241. Respondent has moved to dismiss the matter pursuant to federal Rule of Civil Procedure 12(b)(1) and (6). Since filing in this court, Adams appears to no longer be in the custody of the Federal Bureau of Prisons and has not responded to the pending motion. See Docket and http://www.bop.gov/iloc2/nmateFinderServlet Transaction=IDSearch&needingMoreList=false &IDType=IRN&IDNum..
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ORDER
TERRENCE W. BOYLE, District Judge.
On September 21, 2012, Bobby Adams filed this matter pursuant to 28 U.S.C. § 2241. Respondent has moved to dismiss the matter pursuant to federal Rule of Civil Procedure 12(b)(1) and (6). Since filing in this court, Adams appears to no longer be in the custody of the Federal Bureau of Prisons and has not responded to the pending motion. See Docket and http://www.bop.gov/iloc2/nmateFinderServlet?Transaction=IDSearch&needingMoreList=false &IDType=IRN&IDNumber=10005-007 (last visited Sept. 10, 2013). The court finds it appropriate to grant respondent's motion to dismiss given the withdrawal of the detainer which was the object oflitigation. Thus, respondent's properly argue that the controversy between the parties is no longer alive. See Weinstein v. Bradford, 423 U.S. 147 (1975); Spencer v. Kemna, 523 U.S. 1, 7 (1998).
Respondent's Motion to Dismiss (D.E. 10) is GRANTED. The Clerk is DIRECTED to close the case.
SO ORDERED.
Source: Leagle
