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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

FATAOULAYE DANDAKOYE,

Agency No.: A-096-874-118,

Petitioner,

vs. Case No. 4:11cv100-MP/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

Niger because Niger 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. Doc. 10. Respondents have submitted a copy of the

Order of Supervision, showing that on April 28, 2011, Petitioner was released to

supervision. Doc. 10, ex. 1. Therefore, because Petitioner has essentially been

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afforded the relief sought, release from detention, this § 2241 petition should now be

dismissed as moot. 

The motion to dismiss, doc. 10, contains a certificate of service which indicates

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

to the motion to dismiss. The Clerk of Court will be directed to forward this report and

recommendation to Petitioner. However, it is noted that when service was directed on

April 5, 2011, Petitioner was ordered to "file a notice of change of address with this

Court should he be released from custody . . . ." Doc. 3. Petitioner has not done so as

of this date, but it may be assumed that Petitioner has abandoned this litigation since he

was granted the relief he sought in the petition. 

ORDER

Accordingly, it is ORDERED that the Clerk of Court shall forward this ORDER

and REPORT AND RECOMMENDATION to Petitioner at 1829 Perry Street,

Jacksonville, Florida 32206.

REPORT AND RECOMMENDATION 

In light of the uncontested assertion by Respondent, and the apparent

abandonment of this case by Petitioner, it is respectfully RECOMMENDED that the 

§ 2241 petition filed by Petitioner Fataolaye Dandakoyes 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

Case No. 4:11cv100-MP/WCS

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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. 4:11cv100-MP/WCS

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