Opinion
CASE NO. 4:18-CV-1023
08-29-2018
ZERESENAY ERMIAS TESFATSION, Petitioner, v. JEFF SESSIONS, Respondent.
OPINION & ORDER
Petitioner Zeresenay Ermias Testfatsion filed a habeas corpus petition pursuant to 28 U.S.C. § 2241 on May 3, 2018, seeking release from custody pending his removal to his native country, Eritrea. Doc #: 1. The Government filed a Motion to Dismiss for Lack of Jurisdiction on August 27, 2018. Doc #: 7. In its Motion, the Government explains that while Petitioner was in Egyptian custody awaiting his flight to Eritrea, he was found deceased. Mot. at 1. This Court lacks jurisdiction over a habeas corpus petition brought pursuant to 28 U.S.C. § 2241 if the petitioner dies while the petition is pending. See Gorrasi v. Warden, Pickaway Correctional Inst., No. 1:12-CV-65, 2012 WL 5378811 (S.D. Ohio Oct. 30, 2012). Thus, the Court no longer has subject matter jurisdiction over this action. Accordingly, Petitioner's habeas corpus petition pursuant to 28 U.S.C. § 2241 is DISMISSED.
IT IS SO ORDERED.
/s/Dan Aaron Polster Aug . 29 , 2018
DAN AARON POLSTER
UNITED STATES DISTRICT COURT