Martin v. U.S. District Court, Eastern District of California

Filing 6

ORDER signed by District Judge Dale A. Drozd on 11/29/2017 dismissing action for failure to provide current address and as moot. CASE CLOSED.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIAL MARTIN,

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Petitioner,

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No. 1:17-cv-01011-DAD-MJS

v.
U.S. DISTRICT COURT, EASTERN
DISTRICT OF CALIFORNIA,

ORDER DISMISSING ACTION FOR
FAILURE TO PROVIDE A CURRENT
ADDRESS AND AS MOOT

Respondent.

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Petitioner is a former federal prisoner proceeding pro se with a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2241. Petitioner initiated this action on July 31, 2017, by filing a

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petition stating that he was incarcerated at the Fresno County Jail pending release from Bureau of

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Prisons (“BOP”) custody. (Doc. No. 1.) Petitioner requested that he be moved to a BOP facility

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in order to receive re-entry services unavailable to him at the jail. (Id. at 3.)

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On August 7, 2017, the assigned magistrate judge ordered petitioner to show cause why

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the action should not be dismissed as moot in light of his apparent subsequent transfer to a BOP

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facility. (Doc. No. 4.) On August 14, 2017, case initiating documents previously sent to

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petitioner’s address of record at the Fresno County Jail were returned to the court as

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undeliverable. A review of online BOP records reflects that petitioner was released from prison

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on September 8, 2017. See http://www.bop.gov/inmateloc/ .

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Local Rule 183(b) requires a party proceeding pro se to keep the court apprised of his

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current address: “If mail directed to a plaintiff in propria persona by the Clerk is returned by the

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U.S. Postal Service, and if such plaintiff fails to notify the Court and opposing parties within

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sixty-three (63) days thereafter of a current address, the Court may dismiss the action without

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prejudice for failure to prosecute.” Here, more than sixty-three days have passed without

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petitioner providing the court with his current address. Moreover, since the only relief sought by

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petitioner was his return to a BOP facility from the Fresno County Jail pending his ultimate

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release from custody, this action has been rendered moot. See Fendler v. U.S. Bureau of Prisons,

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846 F.2d 550, 555 (9th Cir. 1988) (finding a petitioner’s § 2241 petition was moot because he had

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already been released on parole and did not challenge the validity of the original conviction).
Accordingly, the action is hereby dismissed without prejudice, both due to petitioner’s

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failure to provide the court with a current address and because this habeas action has been

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rendered moot by his release from custody. The Clerk of the Court is directed to close the case.

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IT IS SO ORDERED.

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Dated:

November 29, 2017
UNITED STATES DISTRICT JUDGE

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