Johnson v. Copenhaver

Filing 28

ORDER REQUESTING Supplemental Briefing, signed by Magistrate Judge Sheila K. Oberto on 6/27/17. (Marrujo, C)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 MARCUS LAMAR JOHNSON, 5 Petitioner, 6 7 No. 1:14-cv-01672-LJO-SKO HC ORDER REQUESTING SUPPLEMENTAL BRIEFING v. PAUL COPENHAVER, Warden, 8 Respondent. 9 Petitioner Marcus Lamar Johnson is a former federal prisoner proceeding with a petition 10 11 for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner seeks to credit time served in 12 state custody toward his federal sentence as permitted by Barden v. Keohane, 921 F.2d 476 (3d 13 Cir. 1990). Respondent contends that Petitioner’s sentence cannot be treated as if it ran 14 concurrently with his state sentence. On December 8, 2016, Petitioner notified the Clerk of Court 15 that his address had changed to Grady County Jail, Chickasha, Oklahoma. 16 Generally, a petitioner’s challenge to his sentence becomes moot upon the completion of 17 18 the challenged sentence. See, e.g., United States v. Palomba, 182 F.3d 1121 (9th Cir. 1999). 19 Accordingly, the Court hereby DIRECTS the parties to submit supplemental briefs, not to exceed 20 ten pages, addressing the question of whether the Court retains jurisdiction to consider the 21 petition in the above-captioned matter, within thirty days of this order. 22 23 IT IS SO ORDERED. 24 25 Dated: June 27, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 26 27 28 1 .

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