Michael Allen Sanders v. Secretary, DOC, No. 04-16012 (11th Cir. 2006)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 04-16012 ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT April 21, 2006 THOMAS K. KAHN CLERK D. C. Docket No. 03-01570-CV-ORL-18-DAB MICHAEL ALLEN SANDERS, Petitioner-Appellant, versus SECRETARY FOR THE DEPARTMENT OF CORRECTIONS, ATTORNEY GENERAL OF FLORIDA, Respondents-Appellees. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (April 21, 2006) Before BIRCH, CARNES and BRUNETTI *, Circuit Judges. PER CURIAM: * Honorable Melvin Brunetti, United States Circuit Judge for the Ninth Circuit, sitting by designation. Because of Petitioner-Appellant s release from incarceration on April 6, 2006, this case is now moot. See Lane v. Williams, 455 U.S. 624, 633 34, 102 S. Ct. 1322, 1328 (1982). As a result, this Court and the district court lack subject matter jurisdiction over it. Accordingly, we dismiss this appeal, vacate the district court s judgment, and remand to the district court to dismiss this case as moot. VACATED and REMANDED with instructions to DISMISS the case. 2

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