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TITENKO v. SALDAÑA, 4:16cv690-MW/CAS. (2017)

Court: District Court, N.D. Florida Number: infdco20170324e50 Visitors: 5
Filed: Mar. 02, 2017
Latest Update: Mar. 02, 2017
Summary: REPORT AND RECOMMENDATION CHARLES A. STAMPELOS , Magistrate Judge . Petitioner, represented by counsel, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241 on October 31, 2016. ECF No. 1. Service of the petition was directed, ECF No. 4, and Respondents filed a motion to dismiss the petition as moot. ECF No. 9. Petitioner was provided an opportunity in which to file a reply if the motion to dismiss was contested. ECF No. 10. Petitioner was advised that the motion could b
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REPORT AND RECOMMENDATION

Petitioner, represented by counsel, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 on October 31, 2016. ECF No. 1. Service of the petition was directed, ECF No. 4, and Respondents filed a motion to dismiss the petition as moot. ECF No. 9. Petitioner was provided an opportunity in which to file a reply if the motion to dismiss was contested. ECF No. 10. Petitioner was advised that the motion could be granted "by default" if Petitioner did not file opposition to the motion. Id. (citing N.D. Fla. Loc. R. 7.1(H)). No response was filed.

The motion to dismiss advises that Petitioner was "removed from the United States on January 9, 2017." ECF No. 9 at 1. Attached to the motion is a copy of the Warrant of Removal/Deportation which provides the signature, photograph, and fingerprint of Petitioner, to verify removal. ECF No. 9-1. An immigration officer signed the warrant stating that Petitioner was removed from "JFK" on "Aeroflot # 103" on January 9, 2017. Id. at 3.

Accordingly, Respondents have shown that the motion to dismiss should be granted because the petition is moot. By virtue of his removal, Petitioner is no longer in custody and has obtained the relief sought in the petition: "to immediately release Petitioner from custody." ECF No. 1 at 11.

It is respectfully RECOMMENDED that the motion to dismiss, ECF No. 9, be GRANTED and the petition for writ of habeas corpus filed by Petitioner Viktor Sergeyevich Titenko pursuant to 28 U.S.C. § 2241, ECF No. 1, be DISMISSED as moot.

Source:  Leagle

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