Cynthia Ann Hernandez v. United States of America

Filing 12

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: MOOTNESS by Judge Mark C. Scarsi: The Court orders Petitioner to show cause why her § 2255 motion should not be denied as moot. Petitioner shall file a written response within 21 days (1) affir ming whether she is housed in an institution, residential reentry center, or private residence, and (2) explaining whether her custodial or noncustodial status renders the motion moot. Respondent also shall file a written response within 14 days of the filing of Petitioner's response or her deadline to file the response, whichever is earlier. [SEE DOCUMENT FOR FURTHER INFORMATION.] (es)

319 F.3d 477, 479 (9th Cir. 2003) (alteration in original) (quoting Spencer v. Kemna,
523 U.S. 1, 7 (1998)). Although a habeas petitioner’s challenge to an underlying
conviction is not rendered moot by a release from custody, id. at 480, a challenge to
a sentence becomes moot when a petitioner is released, Lane v. Williams, 455 U.S.
624, 631 (1982). Here, Petitioner brings a challenge to her custodial sentence based
on her counsel’s allegedly ineffective assistance at sentencing. (Mot. 3–4.) Her
motion may be moot if she has been released from custody, but the Court is uncertain
about her custodial status—that is, whether she is housed in an institution in Phoenix,
in a residential reentry center managed from Sacramento, or in a noncustodial
residence in Visalia.
The Court orders Petitioner to show cause why her § 2255 motion should not
be denied as moot. Petitioner shall file a written response within 21 days
(1) affirming whether she is housed in an institution, residential reentry center, or
private residence, and (2) explaining whether her custodial or noncustodial status
renders the motion moot. Respondent also shall file a written response within 14
days of the filing of Petitioner’s response or her deadline to file the response,
whichever is earlier.
In addition to mailing this Order to Petitioner’s address of record in the civil
case (that is, FCI Phoenix), the Clerk also shall email this Order to
[e-mail] and mail it to the following two addresses:
Cynthia Ann Hernandez
4140 West Victor Street
Visalia, California 93277
Cynthia Ann Hernandez
c/o RRM Sacramento
501 I Street, Suite 9-400
Sacramento, California 95814
IT IS SO ORDERED.

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CIVIL MINUTES – GENERAL

Initials of Deputy Clerk SMO