Mwanza v. Filson et al

Filing 14

ORDER - Respondents' motion to dismiss (ECF No. 10 ) is granted. This action is dismissed as moot. The Clerk of the Court will enter judgment accordingly and close this action. It is further ordered that a certificate of appealability is denied. Signed by Judge Miranda M. Du on 8/8/2017. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 TACUMA J. MWANZA, 10 11 12 Case No. 3:16-cv-00643-MMD-WGC Petitioner, ORDER v. WARDEN FILSON, et al., Respondents. 13 14 15 Before the Court are the petition for a writ of habeas corpus pursuant to 28 U.S.C. 16 § 2254 (ECF No. 8) and respondents’ motion to dismiss (ECF No. 10). The Court finds 17 that this action is moot, and the Court grants the motion to dismiss. 18 When petitioner commenced this action he was in custody pursuant to a judgment 19 of conviction of a state court. The sole ground for relief challenges the validity of forfeiture 20 of credits toward an earlier release from prison. Petitioner does not challenge the validity 21 of the judgment of conviction. Petitioner’s sentence has expired, and he has been 22 released from prison. (Exh. 38 (ECF No. 11-38).) Consequently, the Court cannot grant 23 petitioner any relief. 24 25 Reasonable jurists would not find the Court’s conclusion to be debatable or wrong, and the Court will not issue a certificate of appealability. 26 It is therefore ordered that respondents’ motion to dismiss (ECF No. 10) is granted. 27 This action is dismissed as moot. The Clerk of the Court will enter judgment accordingly 28 and close this action. 1 It is further ordered that a certificate of appealability is denied. 2 DATED THIS 8th day of August 2017. 3 4 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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