Oscar E. Vargas v. J. Gastelo

Filing 19

Petitioners Custody Status (IN CHAMBERS) by Magistrate Judge Patrick J. Walsh.Petitioner is ordered to show cause why his Petition should not be dismissed as moot (because there is no further relief the Court can grant) no later than June 18, 2018. Respondent is ordered to submit a brief stating its position by the same date. (See document for further details.) (sbou)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL

Case No.
Title

CV 17-9143-PJW

Date

May 17, 2018

Oscar E. Vargas v. Warden

Present: The Honorable

Patrick J. Walsh, Magistrate Judge

Isabel Martinez

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Petitioner:

Attorneys Present for Respondent:

None

None

Proceedings:

Petitioner’s Custody Status (IN CHAMBERS)

On May 14, 2017, the Court’s order granting Petitioner’s request for an extension of time was returned,
undelivered, from his most recent address at RJ Donovan Correctional Facility with the notation,
“Inactive offender.” (Doc. No. 18.) The Court has checked the State of California Inmate Locator
website, at https://inmatelocator.cdcr.ca.gov/ , and no record of Petitioner is to be found. Because
Petitioner was or is challenging a five-year prison sentence that was imposed in January 2016, the Court
presumes that he has been released.
Further, the Court notes that, in 2013, Petitioner filed a habeas petition whilst in federal immigration
custody pending removal. (See Vargas v. ICE, CV 13-172-JFW (PJW).) That being so, it appears
Petitioner may have been removed from the country following his release from state custody.
Accordingly, Petitioner is ordered to show cause why his Petition should not be dismissed as moot
(because there is no further relief the Court can grant) no later than June 18, 2018. Respondent is
ordered to submit a brief stating its position by the same date.
cc:
Oscar E. Vargas
CDC AI-4145
RJ Donovan Correctional Facility
480 Alta Road
San Diego, CA 92179

David Elgin Madeo
CAAG - Office of the Attorney General
300 South Spring Street, Suite 1702
Los Angeles, CA90013

:
Initials of Preparer

im

S:\PJW\Cases-State Habeas\VARGAS, O 9143\MO_custody status.wpd

CV-90 (12/02)

CIVIL MINUTES - GENERAL

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