Opinion
CASE NO. 4:18-CV-156-CDL-MSH
10-03-2018
JOSEPH PAUL YARWAYE, Petitioner, v. WARDEN, Stewart Detention Center, Respondent.
28 U.S.C. § 2241 RECOMMENDATION OF DISMISSAL
Presently pending before the Court is Respondents' Motion to Dismiss Petitioner's application for habeas corpus relief (ECF Nos. 8, 1). Respondents filed their Motion on October 3, 2018 along with a warrant of removal showing that Petitioner was removed from the United States on September 27, 2018. Mot. to Dismiss Ex. A., ECF No. 8-1. Due to Petitioner's removal, Respondents now contend that Petitioner's pending § 2241 petition is moot and should be dismissed. Mot. to Dismiss 1-2, ECF No. 8. The Court agrees and recommends dismissal of this case as moot.
"[A] case is moot when the issues presented are no longer live or the parties lack a legally cognizable interest in the outcome." Al Najjar v. Ashcroft, 273 F.3d 1330, 1335-36 (11th Cir. 2001) (internal quotation marks and citation omitted). "If events that occur subsequent to the filing of a lawsuit or an appeal deprive the court of the ability to give the plaintiff or appellant meaningful relief, then the case is moot and must be dismissed." Id. at 1336.
Here, Petitioner sought an order granting him a writ of habeas corpus and release from custody. Pet. 7, ECF No. 1. Petitioner has been removed from the country and released from the physical custody of ICE. Because the Court can no longer give the Petitioner any meaningful relief, the case is moot and "dismissal is required because mootness is jurisdictional." Al Najjar, 273 F.3d at 1336.
It is therefore recommended that Respondents' motion (ECF No. 8) be granted and Petitioner's application for a writ of habeas corpus (ECF No. 1) be dismissed. Pursuant to 28 U.S.C. § 636(b)(1), the parties may serve and file written objections to this Recommendation, or seek an extension of time to file objections, within fourteen (14) days after being served with a copy hereof. The district judge shall make a de novo determination of those portions of the Recommendation to which objection is made. All other portions of the Recommendation may be reviewed for clear error.
The parties are hereby notified that, pursuant to Eleventh Circuit Rule 3-1, "[a] party failing to object to a magistrate judge's findings or recommendations contained in a report and recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1) waives the right to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions if the party was informed of the time period for objecting and the consequences on appeal for failing to object. In the absence of a proper objection, however, the court may review on appeal for plain error if necessary in the interests of justice."
SO RECOMMENDED, this 3rd day of October, 2018.
/s/ Stephen Hyles
UNITED STATES MAGISTRATE JUDGE