Jay v. Schwarzenegger et al

Filing 25

ORDER by Judge Claudia Wilken granting 21 Motion to Dismiss and closing case (cwlc1, COURT STAFF) (Filed on 12/14/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The above-captioned cases are petitions for writs of habeas corpus challenging 2006 and 2007 Board of Parole Hearings' (Board) decisions denying Petitioner parole. Neither petition challenged Respondents in the v. BEN CURRY and ARNOLD SCHWARZENEGGER, Respondents. ___________________________________/ MATTHEW ADAM JAY, Petitioner, v. BEN CURRY and MATTHEW CATE, Respondents. No. C 08-1998 CW MATTHEW ADAM JAY, Petitioner, No. C 08-00845 CW IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ORDER GRANTING RESPONDENTS' MOTIONS TO DISMISS AND CLOSING CASES

the validity of the underlying conviction.

above-captioned cases move to dismiss the petitions as moot because Petitioner was released on parole on October 26, 2009 following adjudication of a state court case in which Petitioner challenged

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

the Governor's January 6, 2009 reversal of the Board's grant of parole. In both cases, Petitioner has filed a statement of non-

opposition and confirms that he has been released from custody. "A case is moot when the issues are no longer `live' or the parties lack a legally cognizable interest in the outcome." v. McCormack, 395 U.S. 486, 496 (1969). Powell

A habeas petition is moot

after an inmate seeking release on parole is released on parole and he has not challenged the validity of the original conviction. Fendler v. United States Bureau of Prisons, 846 F.2d 550, 555 (9th Cir. 1988). By being released on parole, Petitioner received the due process that he requested in the captioned cases and there is no longer a "live" controversy between the parties. Therefore, based on the fact that Petitioner has been released on parole, the motions to dismiss are granted. No

judgments shall enter because this order is not a ruling on the merits of the petitions. IT IS SO ORDERED. The clerk shall close the case files.

Dated: December 14, 2009

CLAUDIA WILKEN United States District Judge

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