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