Contreras v. Subia et al

Filing 15

ORDER signed by Circuit Judge N. Randy Smith on 8/10/2009 ORDERING 14 Motion to Dismiss is GRANTED and this case is dismissed. CASE CLOSED.(Matson, R)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

JOSEPH CONTRERAS, Petitioner, v. R.J. SUBIA, Warden, Mule Creek State Prison, Respondent. ORDER No. 2:07­CV­01626­NRS

Petitioner Contreras was a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Contreras challenged the California Board of Parole Hearings's refusal to grant him parole. After Contreras filed his petition, he was released from prison on parole. Respondent Subia filed a motion to dismiss soon thereafter. Because Contreras is no longer "in custody," his habeas petition is moot and this court no longer has jurisdiction. Zichko v. Idaho, 247 F.3d 1015, 1019 (9th Cir. 2001) (internal citation omitted). "The general rule concerning mootness has long been that a petition for habeas corpus becomes moot when a prisoner completes his sentence before the court has addressed the merits of his petition."

Id. (quoting Larche v. Simons, 53 F.3d 1068, 1069 (9th Cir. 1995) (citing Robbins v. Christianson, 904 F.2d 492, 494 (9th Cir. 1990)). Accordingly, IT IS HEREBY ORDERED that the Respondent's motion to dismiss is granted and this case is dismissed.

DATED: August 10, 2009

Honorable N. Randy Smith Ninth Circuit Court of Appeals Judge

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