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Gutierrez v. Sessions, 4:18cv35-WS/CAS. (2018)

Court: District Court, N.D. Florida Number: infdco20180416729 Visitors: 5
Filed: Mar. 16, 2018
Latest Update: Mar. 16, 2018
Summary: ORDER and REPORT AND RECOMMENDATION CHARLES A. STAMPELOS , Magistrate Judge . Petitioner, proceeding pro se, initiated this case by submitting a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241 on January 16, `. ECF No. 1. Petitioner is a native and citizen of Cuba, ECF No. 1 at 3, who "arrived in the United States in 1980 as part of the Mariel boatlift." Id. at 4. Petitioner was taken into ICE custody in late October 2017, and an order of removal was previously entered on
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ORDER and REPORT AND RECOMMENDATION

Petitioner, proceeding pro se, initiated this case by submitting a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 on January 16, `. ECF No. 1. Petitioner is a native and citizen of Cuba, ECF No. 1 at 3, who "arrived in the United States in 1980 as part of the Mariel boatlift." Id. at 4. Petitioner was taken into ICE custody in late October 2017, and an order of removal was previously entered on March 4, 2010. Id. Petitioner contends that "ICE has been unable to remove" him to Cuba. Id. at 5. Petitioner claims it is not significantly likely that his removal will occur in the reasonably foreseeable future and he seeks release from detention pursuant to Zadvydas v. Davis, 533 U.S. 678 (2001).

Respondents filed a motion to dismiss the petition as moot. ECF No. 7. Respondents state that Petitioner was released from confinement at the Wakulla County Detention Facility under an order of supervision. Id. Attached to the motion is an exhibit revealing Petitioner was released from detention on March 5, 2018. ECF No. 7-1. Therefore, because Petitioner has been afforded the relief sought in the petition and is no longer in custody, this § 2241 petition should now be dismissed as moot.

Additionally, the motion to dismiss contains a certificate of service indicating the document was provided to Petitioner at his address of release, 2984 SW 123 Avenue, Miami, Florida 33175. ECF No. 7 at 4. The Clerk of Court shall forward this Report and Recommendation to Petitioner at that address. If Petitioner disputes that this case is moot, he must immediately file "objections" and a notice of change of address.

ORDER

It is ORDERED that the Clerk of Court shall forward this Report and Recommendation to Petitioner at 2984 SW 123 Avenue, Miami, Florida 33175, and his address of record at the Wakulla County Jail.

REPORT AND RECOMMENDATION

In light of Respondents' showing that Petitioner has been released from detention, it is respectfully RECOMMENDED that the motion to dismiss, ECF No. 7, be GRANTED, and the § 2241 petition be DISMISSED as moot since Petitioner has been granted the relief sought in the petition.

NOTICE TO THE PARTIES

Within fourteen (14) days after being served with a copy of this Report and Recommendation, a party may serve and file specific written objections to these proposed findings and recommendations. Fed. R. Civ. P. 72(b)(2). A copy of the objections shall be served upon all other parties. A party may respond to another party's objections within fourteen (14) days after being served with a copy thereof. Fed. R. Civ. P. 72(b)(2). Any different deadline that may appear on the electronic docket is for the Court's internal use only and does not control. If a party fails to object to the Magistrate Judge's findings or recommendations as to any particular claim or issue contained in this Report and Recommendation, that party waives the right to challenge on appeal the District Court's order based on the unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636.

Source:  Leagle

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