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RENE v. HASSELL, 4:14-cv-01455-JHH-TMP. (2014)

Court: District Court, N.D. Alabama Number: infdco20141218a10 Visitors: 6
Filed: Dec. 17, 2014
Latest Update: Dec. 17, 2014
Summary: MEMORANDUM OPINION JAMES H. HANCOCK, District Judge. On December 16, 2014, the petitioner in the above-styled cause filed a Joint Motion to Withdraw Petition for Writ of Habeas Corpus Without Prejudice. (Doc. 14). The petitioner has been released from detention. ( Id. ) Accordingly, the issues raised in the petition for habeas corpus relief filed pursuant to 28 U.S.C. 2241 are moot. The parties have agreed that the petition should be dismissed, and the court construes the motion pursuant
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MEMORANDUM OPINION

JAMES H. HANCOCK, District Judge.

On December 16, 2014, the petitioner in the above-styled cause filed a Joint Motion to Withdraw Petition for Writ of Habeas Corpus Without Prejudice. (Doc. 14). The petitioner has been released from detention. (Id.) Accordingly, the issues raised in the petition for habeas corpus relief filed pursuant to 28 U.S.C. § 2241 are moot. The parties have agreed that the petition should be dismissed, and the court construes the motion pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The parties stipulate that the dismissal should be without prejudice to the filing of a new petition if the petitioner is re-detained. Consequently, the petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 in the above-styled cause is due to be DISMISSED WITHOUT PREJUDICE. A corresponding order will be entered contemporaneously herewith.

DONE

Source:  Leagle

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