Flannery v. Walker

Filing 32

ORDER signed by Magistrate Judge Allison Claire on 7/11/2013 ORDERING that counsel should be prepared to discuss at the 7/31/2013 status conference whether Claim Three is moot on grounds that the alleged injury can no longer be redressed by a favorable judicial decision.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ORVAL D. FLANNERY,

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Petitioner,

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No. 2:10-cv-0950 MCE AC P

v.

ORDER

JAMES WALKER, Warden,

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Respondent.

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An evidentiary hearing has been ordered on Claim Three of petitioner’s application for a

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writ of habeas corpus. ECF No. 30. The matter has been set for status conference. Claim Three

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alleges the ineffective assistance of counsel in relation to a plea offer, and seeks the benefit of the

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seven year term allegedly forfeited by counsel’s ineffectiveness. In a status report filed on July 8,

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2013 (ECF No. 31), respondent indicates that petitioner was re-sentenced to a seven-year term on

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June 14, 2013 and has been released from prison.
Counsel should be prepared to discuss at the July 31, 2013 status conference whether

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Claim Three is moot on grounds that the alleged injury can no longer be redressed by a favorable

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judicial decision. See Spencer v. Kemna, 523 U.S. 1, 7 (1998) (for habeas case to remain

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justiciable, petitioner must continue to suffer redressable injury) (citing Lewis v. Cont. Bank

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Corp., 494 U.S. 472, 477 (1990)).
IT IS SO ORDERED.
DATED: July 11, 2013

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___________________________________
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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