Sears v. United States of America

Filing 18

ORDER DENYING Motion for Certificate of Appealability and RESCINDING the 05/06/09 Order. Signed by Judge Marilyn Hall Patel on 06/19/09. (Attachments: # 1 Certificate of Service)(rbe, COURT STAFF) (Filed on 6/19/2009)

1 2 3 4 5 6 7 8 9 10 v. UNITED STATES OF AMERICA, Respondent. / JOHN SEARS, Petitioner,

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
No. C 07-02129 MHP ORDER

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Pro se petitioner John Sears pled guilty to counts of Possession of Cocaine for Sale and Possession of Cocaine Base for Sale, in violation of 21 U.S.C. section 841(a)(1), on October 16, 2003. Sears filed a petition for a writ of habeas corpus on April 17, 2007. He now requests a certificate of appealability ("COA") so that he may appeal this court's May 6, 2009, order dismissing the petition as moot. He argues that the petition is not moot insofar as it challenges his conviction. Petitioner's arguments are well taken. Although no longer incarcerated, he is on supervised release. Moreover, there is a possibility that his conviction carries collateral consequences, e.g., restrictions on voting and firearms possession. See Chacon v. Wood, 36 F.3d 1459, 1463 (9th Cir. 1994). Rather than grant the motion for a COA, which would unnecessarily delay the progress of the action, the court DENIES the motion and RESCINDS its order of May 6, 2009. IT IS SO ORDERED.

Dated: June 19, 2009

MARILYN HALL PATEL United States District Court Judge Northern District of California