Dekalb v. Marsh

Filing 4

ORDER signed by Magistrate Judge Gregory G. Hollows on 8/30/2010 ORDERING that w/in 21 days, pltf to SHOW CAUSE why this action should not be dismissed as moot. (Yin, K)

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(HC) Dekalb v. Marsh Doc. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Petitioner originally filed this petition in a separate civil rights action that is pending. CIV S-10-1427 GGH. 1 Dockets.Justia.com 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JAMES DEKALB, Petitioner, vs. MARSH, Respondent. / Petitioner appears to be a former county inmate proceeding pro se. He has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. 2254.1 Petitioner alleges that the Solano County Sheriff's Office kept him incarcerated for fourteen extra days past his sentence. Based on this allegation and that petitioner's address is a residential address, it would appear that petitioner is no longer in custody. It is not clear what relief petitioner seeks. The only relief the court could grant would be petitioner's release from custody, but he appears to not be in custody. Within twenty-one days petitioner shall show cause why this petition should not be dismissed for mootness. ORDER No. CIV S-10-2063 GGH P 1 2 3 4 Accordingly, IT IS HEREBY ORDERED that within twenty-one days of the date of this order, plaintiff shall show cause why this action should not be dismissed for mootness. DATED: August 30, 2010 /s/ Gregory G. Hollows 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 GGH:ab deka2063.osc

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