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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

JOSEPH WILLIAMS,

Plaintiff,

vs. Case No. 4:09cv510-SPM/WCS

ERIC H. HOLDER, JR., et al.,

Defendants.

 /

REPORT AND RECOMMENDATION

This case was transferred from the Middle District of Florida to this Court and

received on December 22, 2009. Doc. 12. Petitioner, proceeding pro se, initiated this §

2241 habeas petition on September 29, 2009, doc. 1, challenging a period of indefinite

detention under Zadvydas v. Davis, 533 U.S. 678 (2001). Prior to being transferred

here, Respondents were directed to show good cause as to why the relief requested by

Petitioner should not be granted. Doc. 6. After the case was received here,

Respondents were directed to file a response and status update. Doc. 15. 

Respondents filed an Answer, doc. 17, on January 29, 2010, asserting that Petitioner
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had failed to show that were was no significant likelihood of his removal in the

reasonably foreseeable future. 

On February 25, 2010, Respondents filed a motion to dismiss this § 2241

petition, asserting Petitioner had been released from detention and, therefore, granted

the relief he sought. Doc. 18. The motion to dismiss contains a certificate of service

showing it was mailed to Petitioner at the Wakulla County Jail, the location from which

Plaintiff was released. Id. Accompanying the motion is a release notification, signed by

ICE officials, but unsigned by Petitioner. Id. Nevertheless, it appears that Petitioner

was released from detention pursuant to an order of supervision from ICE. Id. 

Because Petitioner has essentially been afforded the relief he sought, release

from detention, this § 2241 petition should now be dismissed as moot. Although the

motion to dismiss, doc. 18, was sent to Petitioner at his "last address of record" (the

Wakulla County Jail), presumably that facility will not forward mail to Petitioner since he

has been released.1

 Nevertheless, in my last order, Petitioner was directed to "file a

notice of change of address with this Court should he be released from custody . . . ." 

Doc. 15, p. 2. Should Petitioner promptly advise the Court of his release, the Clerk of

Court will be able to immediately provide Petitioner with a copy of this report and

recommendation in the event he wishes to dispute the recommendation. Should

Petitioner not provide his current address and notify the Court of his release, then it will

be apparent that Petitioner has abandoned this litigation. 

1

 This order and report and recommendation will be sent there as well. 

Case No. 4:09cv510-SPM/WCS
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It is respectfully RECOMMENDED that the § 2241 petition filed by Petitioner

Joseph Williams be DISMISSED as moot since it appears he has been released from

detention.

IN CHAMBERS at Tallahassee, Florida, on March 1, 2010.

 s/ William C. Sherrill, Jr. 

WILLIAM C. SHERRILL, JR. 

UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and

recommendations within 14 days after being served with a copy of this report and

recommendation. A party may respond to another party's objections within 14 days

after being served with a copy thereof. Failure to file specific objections limits the

scope of review of proposed factual findings and recommendations.

Case No. 4:09cv510-SPM/WCS