Echeverria-Montiel v. Benov

Filing 14

ORDER GRANTING Respondent's 13 Motion to Dismiss the Petition as MOOT signed by Magistrate Judge Michael J. Seng on 8/25/2014. CASE CLOSED.(Sant Agata, S)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 Case No. 1:14-cv-00586 MJS (HC) JESUS ECHEVERRIA-MONTIEL, ORDER REGARDING RESPONDENT’S Petitioner, MOTION TO DISMISS 12 v. 13 [Doc. 13] 14 15 MICHAEL L. BENOV, Respondent. 16 17 18 Petitioner is a federal prisoner proceeding pro se and in forma pauperis 19 with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The parties have 20 consented to Magistrate Judge jurisdiction under 28 U.S.C. § 636(c). (ECF Nos. 7, 9.) 21 Pending before the Court is the Respondent's motion, filed on July 14, 2014, to dismiss 22 the petition as moot. (ECF No. 13.) Petitioner did not file a response to the motion. 23 I. BACKGROUND 24 Petitioner, an inmate of the Taft Correctional Institution ("TCI"), challenges the 25 disallowance of fifty-four (54) days of good conduct time credit that Petitioner suffered as 26 a result of two separate prison disciplinary findings made at TCI on or about July 26 and 27 July 31, 2012. In both instances Petitioner was engaged in prohibited conduct, namely 28 stealing milk from the chow hall. (Cruz Decl., Attachs. 2, 4.) Petitioner challenges the 1 1 loss of time credits and seeks invalidation of the sanctions. Petitioner raises the following 2 claims in the petition: 1) because the disciplinary hearing officer (DHO) was not an 3 employee of the Federal Bureau of Prisons (BOP) and thus lacked the authority to 4 conduct the disciplinary hearings and make findings resulting in punishment, including 5 disallowance of good time credit, Petitioner suffered a violation of his right to due 6 process of law; and 2) because the DHO was not an employee of the BOP but rather 7 was an employee of a private entity with a financial interest in the disallowance of good 8 time credits, Petitioner's due process right to an independent and impartial decision 9 maker at the disciplinary hearings was violated. (Id. at 1-9.) 10 Respondent moves for dismissal of the petition as moot because the disciplinary 11 charges were reheard via teleconference on June 17, 2014, by a certified disciplinary 12 hearing officer of the BOP. At the rehearings, the BOP DHO found that Petitioner had 13 committed the prohibited acts of possession of anything not authorized rather than 14 stealing. Petitioner was sanctioned with a loss of commissary privileges and disciplinary 15 segregation, but no loss of good time credits. (Cruz Decl., Attachs. 3, 5.) 16 II. MOOTNESS 17 Federal courts lack jurisdiction to decide cases that are moot because the courts' 18 constitutional authority extends to only actual cases or controversies. Iron Arrow Honor 19 Society v. Heckler, 464 U.S. 67, 70-71, 104 S. Ct. 373, 78 L. Ed. 2d 58 (1983). Article III 20 requires a case or controversy in which a litigant has a personal stake in the outcome of 21 the suit throughout all stages of federal judicial proceedings and has suffered some 22 actual injury that can be redressed by a favorable judicial decision. Id. A petition for writ 23 of habeas corpus becomes moot when it no longer presents a case or controversy under 24 Article III, § 2 of the Constitution. Wilson v. Terhune, 319 F.3d 477, 479 (9th Cir. 2003). 25 A petition for writ of habeas corpus is moot where a petitioner's claim for relief cannot be 26 redressed by a favorable decision of the court issuing a writ of habeas corpus. Burnett v. 27 Lampert, 432 F.3d 996, 1000-01 (9th Cir. 2005) (quoting Spencer v. Kemna, 523 U.S. 1, 28 7, 118 S. Ct. 978, 140 L. Ed. 2d 43 (1998)). Mootness is jurisdictional. See, Cole v. 2 1 Oroville Union High School District, 228 F.3d 1092, 1098-99 (9th Cir. 2000). Thus, a 2 moot petition must be dismissed because nothing remains before the Court to be 3 remedied. Spencer v. Kemna, 523 U.S. 1, 18, 118 S. Ct. 978, 140 L. Ed. 2d 43. 4 Here, documentation submitted by Respondent in support of the motion to 5 dismiss demonstrates that the claims initially alleged by Petitioner are no longer in 6 controversy. The charges were reheard by an officer who had the precise qualifications 7 that Petitioner had alleged were required by principles of due process of law and the 8 pertinent regulations. It is undisputed that the findings and sanctions that constituted the 9 object of Petitioner's challenges in the petition have now been superseded by the 10 findings and sanctions of the certified BOP DHO. Furthermore, at the new hearing 11 Petitioner did not suffer any loss of good-time credits. 12 When, because of intervening events, a court cannot give any effectual relief in 13 favor of the petitioner, the proceeding should be dismissed as moot. Calderon v. Moore, 14 518 U.S. 149, 150, 116 S. Ct. 2066, 135 L. Ed. 2d 453 (1996). In the present case, it 15 appears that the only relief that Petitioner sought was invalidation of the findings and 16 associated sanctions. It has been demonstrated that the rehearing of the incident report 17 by an indisputably qualified DHO has effectuated the relief sought by Petitioner. In 18 addition, as Petitioner's good time credits were restored, Petitioner has not shown that 19 the disciplinary proceeding increased the duration of his confinement. Thus, it is no 20 longer possible for this Court to issue a decision redressing the injury. 21 In summary, Petitioner has not asserted any factual or legal basis that would 22 preclude a finding of mootness. The Court thus concludes that the matter is moot 23 because the Court may no longer grant any effective relief. See, Badea v. Cox, 931 F.2d 24 573, 574 (9th Cir. 1991) (holding that a habeas claim was moot where a former inmate 25 sought placement in a community treatment center but was subsequently released on 26 parole and no longer sought such a transfer); Kittel v. Thomas, 620 F.3d 949 (9th Cir. 27 2010) (dismissing as moot a petition seeking early release where the petitioner was 28 released and where there was no live, justiciable question on which the parties 3 1 disagreed). 2 3 Accordingly, the motion to dismiss the petition as moot is granted. III. CERTIFICATE OF APPEALABILITY 4 "The plain language of [28 U.S.C.] § 2253(c)(1) does not require a petitioner to 5 obtain a [certificate of appealability] in order to appeal the denial of a § 2241 petition." 6 Harrison v. Ollison, 519 F.3d 952, 958 (9th Cir. 2008). "Nor is there any other statutory 7 basis for imposing a [certificate of appealability] requirement on legitimate § 2241 8 petitions. Although state prisoners proceeding under § 2241 must obtain a [certificate of 9 appealability], see § 2253(c)(1)(A), there is no parallel requirement for federal prisoners." 10 Id. 11 Accordingly, because Petitioner is a federal prisoner bringing a legitimate § 2241 12 petition, a certificate of appealability is not required. 13 IV. ORDER 14 Accordingly, IT IS HEREBY ORDERED that: 15 1) The petition for writ of habeas corpus be DISMISSED as moot; and 16 2) The Clerk be DIRECTED to close the action. 17 18 19 20 IT IS SO ORDERED. Dated: August 25, 2014 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 4

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