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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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RODNEY A. LANE,
Petitioner,

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Case No. 17-cv-03289-WHO (PR)
ORDER OF DISMISSAL

v.
NAVARRO,
Respondent.

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Petitioner Rodney Lane was ordered to show cause on or before September 15,

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2017 why this habeas corpus action should not be dismissed as moot. (Dkt. No. 8.) He

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has failed to file an appropriate response to that order and consequently this action will be

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dismissed.

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Lane filed this action to challenge his detention by Marin County, which

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imprisoned him for allegedly violating his probation conditions. Since the filing of this

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action, it appeared that Lane had been released from custody. Such a fact would moot his

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habeas petition. A habeas petition challenging a revocation of parole or probation is moot

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if the petitioner has completed the entire term of imprisonment underlying the revocation,

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unless he can demonstrate that there are collateral consequences to the revocation

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sufficient to satisfy the case or controversy requirement of Article III of the Constitution.

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Spencer v. Kemna, 523 U.S. 1, 13-14 (1998). In consequence, the Court ordered Lane to

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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

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incoherent and rambling letters containing extraordinary allegations. In these filings, he

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speaks of a “murder squad R.I.C.O. conspiracy against me & my 4 underage children,” the

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members of which have “repeatedly raped (violently) me and my children over at least a 5

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year period dating back to 2012.” (Dkt. No. 13 at 1.) He also alleges this group “has

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control of several emergency rooms that have attempted to murder me including doctors

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hospital E.R. in Modesto,” as well as hospitals in Sacramento, Fresno, San Jose, and New

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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

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United States District Court
Northern District of California

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3.)

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Whatever the merits of these allegations, they fail to answer the order to show cause

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why Lane’s habeas petition should not be dismissed. Accordingly, this action is

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DISMISSED without prejudice. If Lane wishes to reopen this action, he must file an

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appropriate response to the Court’s order to show cause.

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The Clerk shall enter judgment in favor of respondent and close the file.

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IT IS SO ORDERED.

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Dated: November 30, 2017
_________________________
WILLIAM H. ORRICK
United States District Judge

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