Christopher v. Johnson et al

Filing 15

ORDER DISMISSING Petition as Moot, signed by Magistrate Judge Sheila K. Oberto on 3/27/18. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER JOHNSON,

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Petitioner,

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v.

No. 1:15-cv-00699 SKO HC

ORDER DISMISSING
PETITION AS MOOT

JEN CHARLES JOHNSON, et al.,
(Doc. 1)
Respondents.

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Petitioner, Christopher Johnson, is a federal prisoner proceeding with a petition for writ of

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habeas corpus pursuant to 28 U.S.C. § 2241. On May 4, 2015, Petitioner filed his petition,

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challenging his detention by Immigration and Customs Enforcement as a violation of his due

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process rights. On December 28, 2017, this Court granted in part and denied in part the petition,

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denying Petitioner’s request for immediate release from custody, but ordering Respondents to

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provide Petitioner with a new bond hearing before an Immigration Judge.
On January 5, 2018, Respondents filed a “Supplemental Response to Petition for Writ of

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Habeas Corpus and Motion to Dismiss for Failure to Prosecute and/or for Mootness.”

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Respondent notified the Court that Petitioner was released on immigration bond on June 15,

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2016, and attached proof of the immigration bond to the motion. On January 11, 2018, a copy of

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the Court’s “Order Granting in Part and Denying in Part the Petition for Habeas Corpus” mailed

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to Petitioner was returned to the Clerk marked “Undeliverable, Not in Custody.”

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The undersigned has reviewed the documentation submitted by Respondents in support of
the motion and finds Respondents’ motion to be supported by evidence establishing resolution of

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the underlying issue – Petitioner was released from custody. Accordingly, the undersigned

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ORDERS that the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 be dismissed as

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moot.

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IT IS SO ORDERED.

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Dated:

March 27, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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