Cavins

MEMORANDUM *

Jerry Ray Cavins appeals the district court’s dismissal of his habeas corpus petition as moot. We reverse. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here. Because it is a question of law, we review a district court’s mootness determination de novo. Porter v. Jones, 319 F.3d 483, 489 (9th Cir.2003).

The Article III case or controversy requirement “subsists through all stages of federal judicial proceedings, trial and appellate ... The parties must continue to have a personal stake in the outcome of the lawsuit. This means that, throughout the litigation, the plaintiff must have suffered, or be threatened with, an actual injury traceable to the defendant and likely to be redressed by a favorable judicial decision.” Spencer v. Kemna, 523 U.S. 1, 7 , 118 S.Ct. 978 , 140 L.Ed.2d 43 (1998) (internal quotations and citations omitted).

Once the term of confinement expires, some “collateral consequence” of that conviction or confinement—must exist if the suit is to be maintained. Id. at 7 , 118 S.Ct. 978 . This rule also applies to petitioners who were subject to civil commitment pursuant to California’s…

dissenting:

I respectfully dissent. This case is moot because Cavins fails to show his outpatient revocation causes “ ‘some concrete and continuing injury.’ ”

The majority holds Cavin’s outpatient revocation restricts his right to travel because he may be subject to more onerous sex offender reporting requirements if he decides to move to Nebraska. But Cavins expresses no intention of moving to Nebraska. Nor has California restricted Cavins’s right to travel to Nebraska, or anywhere else. Indeed, Cavins now lives in Oregon.

And in any case, Cavins doesn’t even show he would actually be subject to more onerous reporting requirements under Nebraska law. While Nebraska law imposes a mandatory increase in the risk score of sex offenders who received an outpatient revocation, the score increase would not necessarily place Cavins in a higher risk category. 2 He would be subject to nothing more onerous in Nebraska than Oregon, unless the ten points he would get for the matter at issue put him over the Nebraska 80 point standard for a higher likelihood for recidivism.

This is not to say that Nebraska really matters to this case at all. As far as the record indicates, Cavins has…