Mosby v. Grounds

Filing 16

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 2/13/13. (lrc, COURT STAFF) (Filed on 2/14/2013)

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1 2 UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 6 VINCENT A. MOSBY, Petitioner, 7 8 Case No: C 10-01332 SBA ORDER DISMISSING ACTION vs. 9 RANDY GROUNDS, Warden, 10 Respondent. 11 12 Petitioner Vincent A. Mosby, who is represented by counsel, filed the instant habeas 13 action to challenge a 2009 decision by the Governor reversing a decision by the Board of 14 Parole Hearings (“BPH”) granting him parole. However, the Court has been advised by the 15 California Department of Corrections and Rehabilitation that, subsequent to the 16 commencement of this action, Petitioner was paroled. 17 “[T]he function of the writ [of habeas corpus] is to secure immediate release from 18 illegal physical custody,” which is the only relief a court has the power to grant. 19 PicrinPeron v. Rison, 930 F.2d 773, 775 (9th Cir. 1991) (internal citation omitted). Thus, 20 when a habeas petitioner has been released from the confinement of which he complains, 21 the petition must be dismissed as moot because the court can no longer provide the 22 requested relief. Id. at 776 (dismissing § 2241 petition because petitioner had been granted 23 immigration parole and released from custody). Accordingly, 24 IT IS HEREBY ORDERED THAT the instant action is DISMISSED as moot. In 25 the event the information received by the Court regarding Petitioner’s release on parole is 26 incorrect, Petitioner shall notify the Court within seven days of the date this Order is filed 27 and request that the action be reinstated. The Clerk shall close the file and terminate any 28 pending matters. 1 2 IT IS SO ORDERED. Dated: February 13, 2013 ______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 G:\Sbalc2\K…\Prisoner\10-0338 - Daily - Order Denying Petition for Writ of Habeas Corpus.docx 26 27 28 -2-

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