(HC) Webb v. Grounds, No. 1:2011cv00331 - Document 30 (E.D. Cal. 2015)
Court Description: FINDINGS and RECOMMENDATIONS Recommending that the Court Dismiss the Petition for Writ of Habeas Corpus as Moot, signed by Magistrate Judge Barbara A. McAuliffe on 10/14/15. Referred to Judge Ishii; 30-Day Deadline. (Verduzco, M)
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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 A.D. WEBB, Petitioner, 11 12 13 14 Case No. 1:11-cv-00331-AWI-BAM HC v. RANDY GROUNDS, Warden, FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT THE COURT DISMISS THE PETITION FOR WRIT OF HABEAS CORPUS AS MOOT Respondent. 15 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 17 pursuant to 28 U.S.C. ยง 2254. On September 15, 2015, the Court took judicial notice that the 18 website of the California Department of Corrections and Rehabilitation no longer lists Petitioner as a 19 CDCR inmate and directed the parties to file status reports on or before October 9, 2015. 20 On October 7, 2015, Respondent filed a status report in which he reported that Petitioner was 21 released from the custody of the California Department of Corrections and Rehabilitation on October 22 13, 2014, and placed on probation for three years. Petitioner's whereabouts are currently unknown, 23 and he is no longer under supervision. Respondent states that unless Petitioner demonstrates that he 24 is subject to "concrete and continuing injury" (Spencer v. Kemna, 523 U.S. 1, 7 (1998)), the Court 25 should dismiss the petition as moot. 26 27 28 Petitioner has not responded to the Court's order for status report in any way. He has not provided the Court with his change of address since his release from custody more than a year ago. 1 Conclusion and Recommendation 1 The undersigned recommends that the Court dismiss the above-entitled petition for writ of 2 3 habeas corpus as moot. These Findings and Recommendations will be submitted to the United States District Judge 4 5 assigned to the case, pursuant to the provisions of 28 U.S.C ' 636(b)(1). Within thirty (30) days 6 after being served with these Findings and Recommendations, either party may file written 7 objections with the Court. The document should be captioned AObjections to Magistrate Judge's 8 Findings and Recommendations.@ The parties are advised that failure to file objections within the 9 specified time may constitute waiver of the right to appeal the District Court's order. Wilkerson v. 10 Wheeler, 772 F.3d 834, 839 ((9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 11 1991)). 12 13 14 15 IT IS SO ORDERED. Dated: /s/ Barbara October 14, 2015 _ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 A. McAuliffe 2
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