Jose Antonio Malik Ayala v. The Presiding Judge of the Superior Court of California

Filing 26

MINUTE ORDER TO SHOW CAUSE RE: DISMISSAL by Magistrate Judge Michael R. Wilner. Response to Order to Show Cause due by 10/11/2016. (mz)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 16-5487 CJC (MRW) Title Ayala v. Presiding Judge Present: The Honorable Date September 22, 2016 Michael R. Wilner Veronica Piper n/a Deputy Clerk Court Reporter / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None present None present Proceedings: ORDER TO SHOW CAUSE RE: DISMISSAL 1. The Court reviewed the City Attorney’s submission regarding Petitioner Ayala’s state court criminal cases. (Docket # 25.) The City Attorney informed the Court that Petitioner’s cases – which included extended competency proceedings while Petitioner was incarcerated in pretrial detention – concluded in late August 2016. 2. With that information in hand, the Court reviewed the Inmate Locator database on the Los Angeles County Sheriff’s website. That website indicates that Petitioner was released from custody on September 10. See attached printout. 3. This raises two potential case-ending problems for Petitioner. First, is his action moot? Petitioner sought habeas corpus relief from this Court based on his ongoing detention. If that detention is over (because of Petitioner’s plea and the termination of his related probation violation matters), then he cannot maintain this action further. Bonneau v. United States, 503 F. App’x 544, (9th Cir. 2013) (affirming dismissal of inmate’s petition; petitioner “fully served the custodial portion of the sentences he is attacking at the time he filed his habeas petition[.] Therefore, the district court could not grant him any effective relief.”); Marcelo v. Cate, 459 F. App’x 668 (9th Cir. 2011) (inmate released on parole cannot obtain habeas relief in federal court). 4. Petitioner’s second problem: if he’s been released from custody, he hasn’t updated his mailing address with the Court. Local Rule 41-6 requires a pro se litigant to maintain a current address with the Court. Failure to do so can lead to dismissal of the action. Carey v. King, 856 F.2d 1439, 1440 (9th Cir. 1988) (dismissal of an action based on a litigant’s failure to inform a district court of his or her address is reviewed for abuse of discretion); Hickman v. County of Butte, 586 F. App’x 285 (9th Cir. 2014) (same). CV-90 (10/08) CIVIL MINUTES - GENERAL Page 1 of 2 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 16-5487 CJC (MRW) Title Date September 22, 2016 Ayala v. Presiding Judge 5. Petitioner is therefore directed to file a declaration informing the Court of his current status by no later than October 11. Failure to do so (or the return of the order as undeliverable by jail authorities if based on Petitioner’s release from custody) will result in the dismissal of the action pursuant to Federal Rule of Civil Procedure 41. CV-90 (10/08) CIVIL MINUTES - GENERAL Page 2 of 2 LASD Inmate Information Center - Booking Details https://app4.lasd.org/iic/details.cfm (The information was current as of: 09/22/2016 08:24 PST) Booking No.: 4665680 Sex: M Race: B Last Name: AYALA Date Of Birth: 05/21/1977 Age: 38 First Name: JOSE Hair: BLK Middle Name: Eyes: BRO Height: 510 Weight: 150 Charge Level: M (Misdemeanor) ARREST Arrest Date: 05/16/2016 Arrest Time: 1200 Date Booked: 05/16/2016 Arrest Agency: 5410 CENTER JAIL WA Time Booked: 2101 Agency Description: LASD-LAC/USC MEDICAL Booking Location: M72 MUNI DIV 72 Location Description: CRT - LOS ANGELES BAIL Total Bail Amount: 0 Total Hold Bail Amount: 0.00 Grand Total: 0.00 HOUSING LOCATION Housing Location: Permanent Housing Assigned Date: 09/10/2016 Assigned Time: 1033 Visitor Status: 0 Facility: Address: City: Public Visiting Guidelines For County facility visiting hours, Please call (213) 473-6080 at Inmate Information Center. COURT Next Court Code: B01 Next Court Date: 09/30/2016 Next Court Time: 0830 Next Court Case: E654081942 Court Name: BEV HILLS MUNI/SUP DEPT B01 Court Address: 9355 BURTON WAY Court City: BEVERLY HILLSUPT RELEASE Actual Release Date: 09/10/2016 Release Time: 1243 CASE INFORMATION Case No. Court Name Court Address Court City ZM******** 5P******** LOS ANGELES MUNI CT DIV 40 1 of 2 Bail Amt. Fine Amt. Court Date Sent. Date Sent. Day(s) Disp Code 0 210 W. TEMPLE STREET LOS ANGELESUPT .00 08/26/2016 0 0 .00 08/29/2016 08/29/2016 0 PROB 9/22/2016 8:44 AM LASD Inmate Information Center - Booking Details https://app4.lasd.org/iic/details.cfm 6C******** LOS ANGELES MUNI CT DIV 40 210 W. TEMPLE STREET LOS ANGELESUPT 0 .00 08/29/2016 08/29/2016 30 SENT 6M******** LOS ANGELES MUNI CT DIV 65 1945 S. HILL STREET LOS ANGELESUPT 0 .00 08/30/2016 08/30/2016 0 TSER E6******** 0 .00 09/30/2016 09/10/2016 0 CITE E6******** 0 .00 09/30/2016 09/10/2016 0 CITE 0 .00 0 DISM 0 .00 0 .00 0 .00 0 .00 E6******** LOS ANGELES MUNI CT DIV 66 1945 S. HILL STREET LOS ANGELESUPT ZM******** 13******** LOS ANGELES MUNI CT DIV 66 1945 S. HILL STREET LOS ANGELESUPT ZM******** D4******** LOS ANGELES MUNI CT DIV 66 1945 S. HILL STREET LOS ANGELESUPT 08/30/2016 0 08/30/2016 0 DISM 0 05/20/2016 0 DISM Click on specific Case No. for detailed information. 2 of 2 9/22/2016 8:44 AM

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