Hashim v. Barr, No. 5:2019cv00077 - Document 11 (S.D. Miss. 2020)
Court Description: MEMORANDUM OPINION AND ORDER. The Court adopts the Report and Recommendation of Magistrate Judge Parker 9 and finds that the Petition for Writ of Habeas Corpus is DENIED AS MOOT. Respondent's Motion to Dismiss 8 is DENIED AS MOOT. Signed by District Judge David C. Bramlette, III on 5/15/2020 (VM)
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Hashim v. Barr Doc. 11 Case 5:19-cv-00077-DCB-MTP Document 11 Filed 05/15/20 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION MUHAMMAD HASHIM, A215-552-380 VS. PETITIONER CIVIL ACTION NO. 5:19-cv-77-DCB-MTP WARDEN GILLIS RESPONDENT MEMORANDUM OPINION AND ORDER This cause is before the Court on the Petitioner Muhammad Hashim’s Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 (docket entry 1). Also before the Court is Respondent Warden Gillis’ Motion to Dismiss for Mootness (docket entry 8). Warden Gillis shows that Petitioner Muhammad Hashim is no longer in the custody of the Warden; thus, this case should be dismissed as moot. United States Magistrate Judge Michael T. Parker has entered a Report and Recommendation (docket entry 9), showing that Muhammad Hashim was deported from the United States to Pakistan on September 23, 2019. Because the only relief the Petitioner seeks is his release from immigration custody, his Petition (docket entry 1) became moot upon his deportation from the United States, which terminated his immigration detention. Petitioner’s Petition no longer 1 Dockets.Justia.com Case 5:19-cv-00077-DCB-MTP Document 11 Filed 05/15/20 Page 2 of 2 presents a live case or controversy for purposes of satisfying Article III, Section 2 of the United States Constitution. Accordingly, The Court adopts the Report and Recommendation of Magistrate Judge Parker (docket entry 9) and finds that the Petitioner Muhammad Hashim’s Petition for Writ of Habeas Corpus is DENIED AS MOOT. In addition, a Final Judgment shall be entered on grounds that the Petitioner is not entitled to a Writ of Habeas Corpus. SO ORDERED, this the 15th day of May, 2020. _/s/ David Bramlette_________ UNITED STATES DISTRICT JUDGE 2
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