Ronakkumar v. Hassell et al, No. 4:2018cv00876 - Document 9 (N.D. Ala. 2018)

Court Description: MEMORANDUM OPINION. Signed by Judge Annemarie Carney Axon on 8/3/2018. (TLM, )

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Ronakkumar v. Hassell et al Doc. 9 FILED 2018 Aug-03 PM 04:24 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION RONAKKUMAR PATEL, Petitioner, v. SCOTT HASSELL, Warden, et al., Respondents. ) ) ) ) ) ) ) ) ) Case No.: 4:18-cv-00876-ACA-HNJ MEMORANDUM OPINION This case is before the court on Respondents’ Motion to Dismiss as Moot, filed August 1, 2018. (Doc. 8). In the motion, Respondents note Petitioner was removed from the United States to India on July 31, 2018. (Doc. 8-1). Because Petitioner is no longer in custody, Respondents contend this case is due to be dismissed as moot. On June 7, 2018, Petitioner filed a petition for writ of habeas corpus seeking to be released from custody pending his removal to India. (Doc. 1). Because Petitioner has been removed, his petition 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.’”); see also Soliman v. United States, 296 F.3d 1237, 1242-43 (11th Cir. 2002) (once a habeas petitioner is no longer detained, “no order . . . requiring [his] release into the community awaiting his final removal Dockets.Justia.com order could have any effect”). Accordingly, this matter is due to be dismissed. Khader v. Holder, 843 F.Supp.2d 1202, 1202 (N.D. Ala. 2011). A separate order will be entered. DONE and ORDERED this August 3, 2018. _________________________________ ANNEMARIE CARNEY AXON UNITED STATES DISTRICT JUDGE

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