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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

AHMED NASR OSMAN,

Agency No.: A-097-659-422,

Petitioner,

vs. Case No. 4:11cv147-SPM/WCS

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

Respondents.

 /

ORDER and REPORT AND RECOMMENDATION

Petitioner, who is pro se, submitted a petition for writ of habeas corpus under §

2241, doc. 1, alleging that the United States will be unable to carry out his removal to

the Republic of Sudan, the country of his birth, because Sudan has refused to issue

travel documents for him. Doc. 1. Petitioner stated that he was not challenging the

validity of the removal order, only release from custody pursuant to Zadvydas v. Davis,

533 U.S. 678 (2001). Id., at 2. 

Finding the petition sufficient, service was directed. Doc. 3. Respondents filed a

motion to dismiss the petition on May 5, 2011, asserting it is moot because Petitioner

was released from detention pending removal from the United States on May 5, 2011. 

Doc. 12, p. 2. Respondents have submitted a copy of the Order of Supervision,

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showing that on May 5, 2011, Petitioner was released to supervision. Doc. 12, ex. 1. 

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

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

Attached to the motion to dismiss, doc. 12, is the certificate of service which

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

was also listed in Exhibit 1, the Order of Supervision. The address provided there is

2024 N.W. 95th Street, Miami, Florida 33147. Doc. 12, p. 4. The Clerk of Court will be

directed to forward this order and report and recommendation to Petitioner at that

address as well as the address of record (Wakulla County Jail). If Petitioner does not

contest the dismissal of this case because he has been granted the relief sought,

Petitioner need not file anything further and this case will be dismissed. If Petitioner has

a valid legal reason to dispute this dismissal, he must respond within fifteen days by

filing a motion for reconsideration.

ORDER

Accordingly, it is ORDERED:

1. The Clerk of Court shall forward this ORDER and REPORT AND

RECOMMENDATION to Petitioner at 2024 N.W. 95th Street, Miami, Florida 33147, as

well as to his address of record.

2. The Clerk of Court shall return this file to me if a motion for reconsideration is

filed by Petitioner.

Case No. 4:11cv147-SPM/WCS

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REPORT AND RECOMMENDATION 

In light of the uncontested assertion by Respondent, it is respectfully

RECOMMENDED that the § 2241 petition filed by Petitioner Ahmed Nasr Osman be

DISMISSED as moot since it appears he has been released from detention.

IN CHAMBERS at Tallahassee, Florida, on May 9, 2011.

 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 15 days after being served with a copy of this report and

recommendation. A party may respond to another party's objections within 10 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. 4:11cv147-SPM/WCS

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