(HC)Gutierrez-Piloto v. Homan et al, No. 2:2018cv01637 - Document 11 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 11/13/2018 ORDERING the Clerk of the Court to randomly assign a district judge to this case, and RECOMMENDING that this action be dismissed as moot because petitioner is no longer in custody. District Judge Troy L. Nunley has been assigned. The case number for all future documents shall be: 2:18-cv-01637-TLN-DB (HC). Referred to Judge Troy L. Nunley. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)
Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEONARDO L. GUTIERREZ-PILOTO, 12 13 14 15 No. 2:18-cv-1637 DB Petitioner, v. ORDER AND FINDINGS AND RECOMMENDATIONS THOMAS D. HOMAN, et al., Respondent. 16 17 Petitioner is a detainee of the Bureau of Immigration and Customs Enforcement (“ICE”) 18 proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. 19 Petitioner claims he is being indefinitely detained by ICE in violation of his substantive and 20 procedural due process rights. (ECF No. 1.) Respondent was ordered to respond to the petition. 21 (ECF No. 6.) Respondent filed notice that petitioner was no longer confined and requested the 22 petition be dismissed as moot. (ECF No. 9.) 23 The jurisdiction of federal courts is limited to “actual, ongoing cases or controversies.” 24 Lewis v. Continental Bank Corp., 494 U.S. 472, 477 (1990). Article III requires a case or 25 controversy in which a litigant has a personal stake in the outcome of the suit throughout all 26 stages of federal judicial proceedings and has suffered some actual injury that can be redressed by 27 a favorable judicial decision. Iron Arrow Honor Society v. Heckler, 464 U.S. 67, 70-71 (1983). 28 A petition for writ of habeas corpus becomes moot when it no longer presents a case or 1 1 controversy under Article III, § 2 of the Constitution. Wilson v. Terhune, 319 F.3d 477, 479 (9th 2 Cir. 2003). 3 A petition for writ of habeas corpus is moot where a petitioner’s claim for relief cannot be 4 “‘redressed by a favorable decision of the court issuing a writ of habaes corpus.’” Burnett v. 5 Lampert, 432 F.3d 996, 1000-01 (9th Cir. 2005) (quoting Spencer v. Kemna, 523 U.S. 1, 7 6 (1998)). Because the petitioner has been released, the court can provide no further relief, and will 7 recommend that the petition be dismissed as moot. Picrin-Peron v. Rison, 930 F.2d 773, 776 (9th 8 Cir. 1991). 9 10 11 12 13 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a district judge to this case. IT IS HEREBY RECOMMENDED that this action be dismissed as moot because petitioner is no longer in custody. These findings and recommendations will be submitted to the United States District Judge 14 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 15 after being served with these findings and recommendations, plaintiff may file written objections 16 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 17 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 18 time may result in waiver of the right to appeal the district court’s order. Martinez v. Ylst, 951 19 F.2d 1153 (9th Cir. 1991). 20 Dated: November 13, 2018 21 22 23 24 25 DLB:12 DLB:1/Orders/Prisoner.Habeas/guti1637.dism 26 27 28 2