Olayo-Xochilt v. Benov

Filing 14

ORDER DISMISSING The Petition As Moot (Doc. 13 ), signed by Magistrate Judge Sandra M. Snyder on 2/11/2015. CASE CLOSED.(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARCO OLAYO-XOCHILT,

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Petitioner,

Case No. 1:14-CV-01485-SMS HC
ORDER DISMISSING
THE PETITION AS MOOT

v.
MICHAEL L. BENOV, Administrator,
(Doc. 13)

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Respondent.

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Petitioner Marco Olayo-Xochilt is a federal prisoner proceeding pro se with a petition for
writ of habeas corpus pursuant to 20 U.S.C. § 2241. On September 24, 2014, Petitioner, proceeding
pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, alleging that a
disciplinary hearing that resulted in multiple disciplinary sanctions against Petitioner was
impermissibly conducted by a prison official who is not an employee of the Bureau of Prisons. On
January 26, 2015, Respondent Michael L. Benov, the warden of TCI, moved to dismiss the petition
as moot since the disciplinary action had been reheard by a Board of Prisons Disciplinary Hearing
Officer. Petitioner did not respond to the motion to dismiss.
The Court has reviewed the documentation submitted by Respondent in support of the
motion, including the declaration of Randy J. McWilliams, a Disciplinary Hearing Officer employed
by the Federal Bureau of Prisons, Federal Detention Center, SeaTac, Washington. The Court finds
Respondent's motion to be supported by evidence establishing resolution of the Petitioner's claim.
Accordingly, the Court DISMISSES the petition for writ of habeas corpus pursuant to 28 U.S.C. §
2241 as moot.

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IT IS SO ORDERED.
Dated:

February 11, 2015

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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