Meza-Cruz v. Benov

Filing 13

ORDER To Plaintiff To SHOW CAUSE Why The Matter Should Not Be Dismissed, signed by Magistrate Judge Jennifer L. Thurston on 8/25/2014. Show Cause Response due by 9/19/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SERGIO MEZA-CRUZ,

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Petitioner,

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v.
MICHAEL L. BENOV,
Respondent.

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) Case No.: 1:14-cv-00641 AWI JLT (HC)
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) ORDER TO PLAINTIFF TO SHOW CAUSE WHY
) THE MATTER SHOULD NOT BE DISMISSED
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Petitioner Sergio Meza-Cruz is a federal prisoner proceeding pro se with a petition for writ of

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habeas corpus pursuant to 28 U.S.C. § 2241. On April 30, 2014, Petitioner filed his petition

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challenging the results of a disciplinary hearing at his place of incarceration. (Doc. 1) Petitioner’s

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sole complaint was that the Hearing Officer overseeing the disciplinary hearing was an employee of

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the private prison which was contracted with the Bureau of Prisons to provide his housing. Id.

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On July 7, 2014, Respondent filed a motion to dismiss and presented evidence that the

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disciplinary matter about which Petitioner complains was re-heard by an employee of the BOP. (Doc.

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13) Thus, it appears that the petition may now be moot.

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Therefore, within 21 days, Petitioner is ORDERED to show cause in writing why this petition

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should not be dismissed as moot. Alternatively, Petitioner may file a request that the matter be

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dismissed.

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Petitioner is advised that his failure to comply with this order will result in an order
dismissing his petition.

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IT IS SO ORDERED.
Dated:

August 25, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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