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Ghorab v. Lowe

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


January 3, 2006

MOHAMED GHORAB, PETITIONER
v.
CRAIG LOWE, WARDEN OF PIKE COUNTY PRISON, RESPONDENT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 3rd day of January, 2006, upon consideration of the petition for writ of habeas corpus (Doc. 1), in which petitioner seeks release from continued detention while his petition for review is being considered in the United States Court of Appeals for the Third Circuit, and it appearing that the petition for review has been denied and the stay has been dissolved,*fn1 and if further appearing that the petitioner was removed from the United States to Egypt on or about December 6, 2005,*fn2 thereby rendering the petition moot, see Khodara Envtl., Inc. ex rel. Eagle Envtl., L.P. v. Beckman, 237 F.3d 186, 192-93 (3d Cir. 2001) ("Article III of the Constitution grants the federal courts the power to adjudicate only actual, ongoing cases or controversies."); Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698-99 (3d Cir. 1996) ("If developments occur during the course of adjudication that eliminate a plaintiff's personal stake in the outcome of a suit or prevent a court from being able to grant the requested relief, the case must be dismissed as moot."), it is hereby ORDERED that:

1. The petition for writ of habeas corpus (Doc. 4) is DISMISSED as moot.

2. Respondent's motion to dismiss (Doc. 7) is DENIED as moot.

3. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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