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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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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6 VINCENT A. MOSBY,

Petitioner,

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Case No: C 10-01332 SBA
ORDER DISMISSING ACTION

vs.

9 RANDY GROUNDS, Warden,
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Respondent.

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Petitioner Vincent A. Mosby, who is represented by counsel, filed the instant habeas

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action to challenge a 2009 decision by the Governor reversing a decision by the Board of

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Parole Hearings (“BPH”) granting him parole. However, the Court has been advised by the

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California Department of Corrections and Rehabilitation that, subsequent to the

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commencement of this action, Petitioner was paroled.

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“[T]he function of the writ [of habeas corpus] is to secure immediate release from

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illegal physical custody,” which is the only relief a court has the power to grant.

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PicrinPeron v. Rison, 930 F.2d 773, 775 (9th Cir. 1991) (internal citation omitted). Thus,

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when a habeas petitioner has been released from the confinement of which he complains,

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the petition must be dismissed as moot because the court can no longer provide the

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requested relief. Id. at 776 (dismissing § 2241 petition because petitioner had been granted

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immigration parole and released from custody). Accordingly,

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IT IS HEREBY ORDERED THAT the instant action is DISMISSED as moot. In

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the event the information received by the Court regarding Petitioner’s release on parole is

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incorrect, Petitioner shall notify the Court within seven days of the date this Order is filed

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and request that the action be reinstated. The Clerk shall close the file and terminate any

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pending matters.

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IT IS SO ORDERED.
Dated: February 13, 2013

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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G:\Sbalc2\K…\Prisoner\10-0338 - Daily - Order Denying Petition for Writ of Habeas Corpus.docx

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