Costa v. Strafford County Department of Corrections, Acting Superintendent et al

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
Jorge B. Costa
v. Civil No. 17-cv-151-JL
Capt. Brian Brackett, Acting
Superintendent of the Strafford
County Department of Corrections,
and the Department of Homeland
Security Immigration and
Customs Enforcement Agency
REPORT AND RECOMMENDATION
Petitioner Jorge B. Costa, a native of Angola and a citizen
of Cape Verde, filed a petition (Doc. No. 1) in this matter,
pursuant to 28 U.S.C. § 2241. In his petition, Costa alleged
that he had been detained by Immigration and Customs Enforcement
(“ICE”) agents at the Strafford County Department of Corrections
for more than seven months, without any indication that he would
be removed from the country. Costa claimed that his continued
detention violated his right not to be indefinitely detained.
The federal respondent has filed a “Notice to the Court
Regarding Jurisdiction” (Doc. No. 4), asserting that the
petitioner has been removed from the United States. For the
reasons stated in that Notice, Costa’s § 2241 petition is moot,
and the district judge should dismiss Costa’s petition.
Case 1:17-cv-00151-JL Document 6 Filed 09/13/17 Page 1 of 2

2
Any objections to this Report and Recommendation must be
filed within fourteen days of receipt of this notice. See Fed.
R. Civ. P. 72(b)(2). The fourteen-day period may be extended
upon motion. Failure to file specific written objections to the
Report and Recommendation within the specified time waives the
right to appeal the district court’s order. See Santos-Santos
v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016).
________________________________
Andrea K. Johnstone
United States Magistrate Judge
September 13, 2017
cc: Jorge B. Costa, pro se
Terry L. Ollila, Esq.
Case 1:17-cv-00151-JL Document 6 Filed 09/13/17 Page 2 of 2