Alamedia

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KEITH LEE WILLIAMS,  No. 05-55604 Petitioner-Appellant, D.C. No. v. CV-03-00196-NM EDWARD S. ALAMEIDA, JR.,  Central District Director, Warden, of California, Respondent-Appellee. Los Angeles

 ORDER

Filed December 28, 2007

Before: Kim McLane Wardlaw, Carlos T. Bea, and N. Randy Smith, Circuit Judges.

ORDER

Keith Lee Williams appeals the district court’s order grant- ing Edward Alameida’s Rule 12(b)(6) motion to dismiss for failure to state a claim. Williams sued Alameida, the Director of the California Department of Corrections (“CDC”), under 42 U.S.C. § 1983, alleging he was held in CDC custody past the date of his sentence for failure to submit a DNA sample in violation of the Fourth Amendment, the Ex Post Facto Clause, and the Due Process Clause of the United States Con- stitution.

On November 5, 2007, Alameida moved to dismiss this appeal under the fugitive disentitlement doctrine. In support of this motion, Williams’s parole agent declared that Williams was released from prison and…