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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

JEAN FAUSTIN VOLTAIRE,

ALIEN # A090-459-762,

Petitioner,

vs. Case No. 4:10cv126-MP/WCS

ERIC H. HOLDER, JR.,

ATTORNEY GENERAL OF THE 

UNITED STATES, et al.,

Respondents.

 /

ORDER and REPORT AND RECOMMENDATION

Petitioner filed a petition seeking a writ of habeas corpus under § 2241 on April 7,

2010. Doc. 1. Petitioner alleged that he is a native of the Bahamas and claims that

Respondents are unable to effect his removal, yet refuse to release him. Id. Petitioner

does not challenge the validity of the removal order, only his indefinite detention under

Zadvydas v. Davis, 533 U.S. 678 (2001). Id. 

I entered an order directing service on May 4, 2010, doc. 5, and Respondents

have promptly filed a motion to dismiss on June 4, 2010. Doc. 13. The motion to

dismiss states that Petitioner was released from the custody of Immigration and
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Customs Enforcement (ICE) on May 13, 2010, "since the government of Bahamas

declined to issue Petitioner travel documents." Id., at 2; see exhibit 1. Therefore,

because Petitioner has essentially been afforded the relief he sought (release from

detention), this § 2241 petition should now be dismissed as moot. 

Respondent's motion to dismiss, doc. 13, contains a certificate of service which

indicates the document was provided to Petitioner at his "last known address" which

was the Wakulla County Jail, and to Petitioner as his "forwarding address" in Bradenton,

Florida. Doc. 13, p. 4. The Clerk of Court will be directed to forward this report and

recommendation to Petitioner at both addresses as well. 

It is noted that when service was directed in early May, Petitioner was ordered to

"immediately file a notice of change of address with this Court should he be released

from custody . . . ." Doc. 5, p. 3. Petitioner's failure to do so in the month since his

release suggests that Petitioner has abandoned this litigation. 

Accordingly, it is 

ORDERED:

1. The Clerk of Court shall send a copy of this report and recommendation to

Petitioner at his address of record as indicated on the docket as well as to his forward

address as listed in the Respondents' motion to dismiss. Doc. 13, p. 4.

2. Should Petitioner contest dismissal of this § 2241 petition, he must file

objections to this report and recommendation by the deadline provided below.

Case No. 4:10cv126-MP/WCS
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REPORT AND RECOMMENDATION 

In light of the uncontested assertion by Respondent, and Petitioner's failure to

notify the Court of his release, it is respectfully RECOMMENDED that the § 2241

petition filed by Petitioner Jean Faustin Voltaire, # A090-459-762, be DISMISSED as

moot since it appears he has been released from detention.

IN CHAMBERS at Tallahassee, Florida, on June 4, 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. 4:10cv126-MP/WCS