Johnson v. Copenhaver

Filing 28

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

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

.