Bora v. Kane
ORDER, dismissing the Petition for Writ of Habeas Corpus. Signed by Judge Frederick J Martone on 6/14/11. (REW)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Katrina S. Kane,
The court has before it petitioner’s petition for a writ of habeas corpus, pursuant to 28
U.S.C. § 2241 (doc. 1), respondents’ answer (doc. 7), and the report and recommendation of
the United States Magistrate Judge recommending that the petition be denied (doc. 9).
The docket indicates that petitioner is no longer in custody (doc. 10). “For a habeas
petition to continue to present a live controversy after the petitioner’s release or deportation
. . . there must be some remaining ‘collateral consequence’ that may be redressed by success
on the petition.” Abdala v. I.N.S., 488 F.3d 1061, 1064 (9th Cir. 2007). Because petitioner
challenges only the length of his detention, due to his release there is “no extant controversy
for the district court to act upon” and the petition is moot. Id. at 1065.
IT IS THEREFORE ORDERED DISMISSING the petition for a writ of habeas
corpus (doc. 1).
DATED this 14th day of June, 2011.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?