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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

SAMBO UNG,

ALIEN # A027-314-984,

Petitioner,

vs. Case No. 4:10cv365-WS/WCS

ERIC H. HOLDER, JR.,

ATTORNEY GENERAL OF THE 

UNITED STATES, et al.,

Respondents.

 /

ORDER and REPORT AND RECOMMENDATION

Petitioner, proceeding pro se, filed a petition seeking a writ of habeas corpus

under § 2241 on August 27, 2010. Doc. 1. At that time, Petitioner was detained at the

Wakulla County Jail in Crawfordville, Florida. Doc. 1, p. 3. Petitioner alleged being a

native of Cambodia, the country of his birth, and asserted that Respondents were

unable to effect his removal, would not be able to do so in the reasonably foreseeable

future, yet refused to release him. Id., at 2. Service was directed in mid-September,

2010, doc. 3, and on November 4, 2010, Respondents filed a motion to dismiss. Doc.

11. The motion asserts that the petition is moot because Petitioner "was released from

the custody of Immigration and Customs Enforcement (ICE) on October 28, 2010." 
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Case No. 4:10cv365-WS/WCS

Doc. 11. The motion states that Petitioner was released "since the government of

Cambodia declined to issue Petitioner travel documents." Id., at 2. 

Therefore, because Petitioner has essentially been afforded the relief he sought,

release from detention, this § 2241 petition should now be dismissed as moot. Petitioner

has not filed any opposition to the motion, nor has he filed a change of address since

his release. The motion to dismiss, doc. 11, contains a certificate of service which

indicates the document was provided to Petitioner at his last address or record which

was the Wakulla County Jail. The motion was also sent to Petitioner's forwarding

address. The Clerk of Court will also be directed to provide a copy of this report and

recommendation to Petitioner at that location. If Petitioner does not contest this

dismissal, he need not take any further action. Petitioner shall have a fifteen day period

of time in which to file any opposition to this report and recommendation. 
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Case No. 4:10cv365-WS/WCS

Accordingly, it is

ORDERED:

1. The Clerk shall provide a copy of this report and recommendation to Petitioner

at his address of record and at the address listed in the Order of Supervision: 3001

Shaboygan Avenue, North Port, Florida 34286. 

2. Petitioner shall have fifteen days to submit any opposition to this

recommendation to dismiss his § 2241 petition as moot.

It is further RECOMMENDED that the § 2241 petition filed by Petitioner be

DISMISSED as moot since he has been released from detention and granted the relief

sought.

IN CHAMBERS at Tallahassee, Florida, on November 15, 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.