Ruvalcaba v. Fong et al

Filing 6

ORDER FOR PETITIONER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED. Signed by Judge Phyllis J. Hamilton on 10/25/10. (Attachments: # 1 Certificate of Service)(nah, COURT STAFF) (Filed on 10/25/2010)

Ruvalcaba v. Fong et al

Doc. 6

1 2 3 4 5 6 7 8 9 10 vs. JERRY FOND and MARY FUKAY, Defendants. / MANUEL PEREZ RUVALCABA, Plaintiff, No. C 10-0964 PJH (PR) ORDER FOR PETITIONER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

United 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

This is a civil rights case filed pro se by a prisoner who was held at the Santa Clara County Jail at the time the complaint was filed. The only relief he requests is release. Leave to proceed in forma pauperis has been granted in a separate order. Plaintiff does not make clear why he was being held, but it appears likely that his incarceration was for proceedings in a federal case, his 2003 conviction for illegal reentry. See United States v. Ruvalcaba, 03-cr-20018-RMW. On April 27, 2010, Judge Ronald Whyte of this court granted a defense motion in that case for immediate release, modifying the provisional sentence to time served. It thus appears likely that plaintiff is no longer incarcerated, and that this case is moot. Plaintiff shall show cause within fifteen days of the date this order is entered why the case should not be dismissed as moot. Because the only relief he seeks is release from incarceration, to show that the case is not moot he must provide a declaration signed under penalty of perjury showing that he is still incarcerated. IT IS SO ORDERED. Dated: October 25, 2010. PHYLLIS J. HAMILTON United States District Judge

P:\PRO-SE\PJH\CR.10\RUVALCABA0964.OSC_P.wpd

Dockets.Justia.com