Lane v. Navarro
Filing
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ORDER TO SHOW CAUSE WHY THE PETITION SHOULD NOT BE DISMISSED - On or before September 15, 2017, Lane must demonstrate either that he (1) is in custody, or that (2) there are collateral consequences that satisfy Article III standing requirements. ( 4 MOTION for Leave to Proceed in forma pauperis terminated.) Signed by Judge William H. Orrick on 08/09/2017. (Attachments: #(1) Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 8/9/2017)
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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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ORDER TO SHOW CAUSE WHY
THE PETITION SHOULD NOT BE
DISMISSED
Respondent.
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Case No. 17-cv-03289-WHO (PR)
Dkt. No. 4
v.
NAVARRO,
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Petitioner Rodney Lane must show cause on or before September 15, 2017 why his
habeas corpus action should not be dismissed as moot.
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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 appears that Lane has been released from custody. If this is true, it is unlikely
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that the Court has jurisdiction over his petition. A habeas petition challenging a revocation
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of parole or probation is moot if the petitioner has completed the entire term of
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imprisonment underlying the revocation unless he can demonstrate that there are collateral
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consequences to the revocation sufficient to satisfy the case or controversy requirement of
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Article III of the Constitution. Spencer v. Kemna, 523 U.S. 1, 13-14 (1998). “This case-
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or-controversy requirement subsists through all stages of federal judicial proceedings, trial
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and appellate . . . The parties must continue to have a ‘personal stake in the outcome’ of
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the lawsuit.” Lewis v. Continental Bank Corp., 494 U.S. 472, 477-478 (1990).
Consequently, on or before September 15, 2017, Lane must demonstrate either that
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he (1) is in custody, or that (2) there are collateral consequences that satisfy Article III
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standing requirements. Failure to do so will result in the dismissal of this habeas action
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under Federal Rule of Civil Procedure 41(b) for failure to prosecute.
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Lane should consider whether habeas relief, which is limited to ordering petitioner’s
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release, is what he truly wants. If Lane seeks money damages because of his allegedly
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improper detention, he could dismiss this action voluntarily without prejudice and file a
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civil rights action under 42 U.S.C. § 1983.
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United States District Court
Northern District of California
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Lane’s motion to proceed in forma pauperis (Dkt. No. 4) is DENIED because the
filing fee has been paid.
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The Clerk shall terminate Dkt. No. 4.
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IT IS SO ORDERED.
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Dated: August 9, 2017
_________________________
WILLIAM H. ORRICK
United States District Judge
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