Lane v. Navarro

Filing 18

ORDER OF DISMISSAL. Signed by Judge William H. Orrick on 11/30/2017. (Attachments: # 1 Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 11/30/2017)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court Northern District of California 11 RODNEY A. LANE, Petitioner, 12 13 14 Case No. 17-cv-03289-WHO (PR) ORDER OF DISMISSAL v. NAVARRO, Respondent. 15 16 17 Petitioner Rodney Lane was ordered to show cause on or before September 15, 18 2017 why this habeas corpus action should not be dismissed as moot. (Dkt. No. 8.) He 19 has failed to file an appropriate response to that order and consequently this action will be 20 dismissed. 21 Lane filed this action to challenge his detention by Marin County, which 22 imprisoned him for allegedly violating his probation conditions. Since the filing of this 23 action, it appeared that Lane had been released from custody. Such a fact would moot his 24 habeas petition. A habeas petition challenging a revocation of parole or probation is moot 25 if the petitioner has completed the entire term of imprisonment underlying the revocation, 26 unless he can demonstrate that there are collateral consequences to the revocation 27 sufficient to satisfy the case or controversy requirement of Article III of the Constitution. 28 Spencer v. Kemna, 523 U.S. 1, 13-14 (1998). In consequence, the Court ordered Lane to 1 show cause why his habeas petition should not be dismissed. Rather than answer the questions put to him in the order, Lane has filed several 2 3 incoherent and rambling letters containing extraordinary allegations. In these filings, he 4 speaks of a “murder squad R.I.C.O. conspiracy against me & my 4 underage children,” the 5 members of which have “repeatedly raped (violently) me and my children over at least a 5 6 year period dating back to 2012.” (Dkt. No. 13 at 1.) He also alleges this group “has 7 control of several emergency rooms that have attempted to murder me including doctors 8 hospital E.R. in Modesto,” as well as hospitals in Sacramento, Fresno, San Jose, and New 9 Mexico. (Id. at 2.) This “murder squad,” he alleges, is composed of police and sheriffs from Las Vegas and many California counties, as well as other government actors. (Id. at 11 United States District Court Northern District of California 10 3.) 12 Whatever the merits of these allegations, they fail to answer the order to show cause 13 why Lane’s habeas petition should not be dismissed. Accordingly, this action is 14 DISMISSED without prejudice. If Lane wishes to reopen this action, he must file an 15 appropriate response to the Court’s order to show cause. 16 The Clerk shall enter judgment in favor of respondent and close the file. 17 IT IS SO ORDERED. 18 Dated: November 30, 2017 _________________________ WILLIAM H. ORRICK United States District Judge 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?