Ramirez v. Benov

Filing 17

ORDER GRANTING Respondent Twenty (20) Days in Which to Submit Materials in Support of Motion to Dismiss; ORDER GRANTING Petitioner Opportunity to Supplement Opposition to Motion to Dismiss, signed by Magistrate Judge Michael J. Seng on 5/1/2014. (Marrujo, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:13-cv-01906 AWI MJS (HC)
ARMANDO PEREZ RAMIREZ,

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v.

ORDER GRANTING RESPONDENT
Petitioner, TWENTY (20) DAYS IN WHICH TO SUBMIT
MATERIALS IN SUPPORT OF MOTION TO
DISMISS
ORDER GRANTING PETITIONER
OPPORTUNITY TO SUPPLEMENT
OPPOSITION TO MOTION TO DISMISS

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MICHAEL L. BENOV,
Respondent.

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Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2241.

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On March 3, 2014, Respondent filed a motion to dismiss the petition as moot. The

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petition concerns a disciplinary hearing held before a disciplinary hearing officer (“DHO”)

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who is not an employee of the Federal Bureau of Prisons (“BOP”). Respondent contends

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that claims concerning the disciplinary charges and sanctions that were the subject of

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the petition have been rendered moot because the charges have been considered by a

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DHO who is a BOP employee and who imposed independent sanctions.

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However, Respondent has not submitted any evidence of the asserted rehearing

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process giving rise to the request for dismissal. Specifically, Respondent has not

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provided evidence to establish that the disciplinary hearing occurred or that the DHO at
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the new hearing was a BOP employee.

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A court has inherent power to control its docket and the disposition of its cases

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with economy of time and effort for both the court and the parties. Landis v. North

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American Co., 299 U.S. 248, 254-255 (1936); Ferdik v. Bonzelet, 963 F.2d 1258, 1260

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(9th Cir. 1992). In the interest of the efficient administration of justice, the Court

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exercises its discretion to permit Respondent to supplement the motion with appropriate

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documentation and evidentiary materials in support of the motion for dismissal.

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Accordingly, it is ORDERED that Respondent shall SUBMIT materials in support

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of the motion to dismiss no later than twenty (20) days after the date of service of this

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order. Petitioner is GRANTED thirty (30) days after the date on which Respondent

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submits materials to the Court to supplement his opposition to the motion.

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IT IS SO ORDERED.
Dated:

May 1, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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