(HC) Britton v. Corona

Good Law
United States District Court, Eastern District of CaliforniaSeptember 25, 20191:18-cv-01213California522 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SCOTT T. BRITTON, Case No. 1:18-cv-01213-JDP (HC) Petitioner, ORDER TO SHOW CAUSE WHY THE CASE

SHOULD NOT BE DISMISSED AS MOOT

v. A. CORONA, and B. MOUA Respondents. 16 Petitioner Scott T. Britton, a detainee at Fresno County Jail without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. The matter is before the court for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine the habeas petition and order a response to the petition unless it “plainly appears” that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). Because the petition indicates that petitioner has fully served his sentence, the court will require petitioner to show cause why the court should not dismiss this case as moot. A federal court has an…

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