Ahern

(HC) Barnes v. Ahern

Good Law
United States District Court, Eastern District of CaliforniaFebruary 13, 20202:19-cv-00449California560 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL S. BARNES, No. 2:19-cv-449-EFB P Petitioner, v. MEMORANDUM AND ORDER1 PAUL THOMPSON, et al., Respondents. 16 Petitioner is a former state and federal prisoner who, proceeding without counsel, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241. On August 9, 2019, the court determined that the petition was likely mooted by petitioner’s January 2019 release. ECF No. 36 at 2-3. Rather than ordering immediate dismissal on that basis, however, the court offered the parties 21 days in which to brief the issue. Id. at 3. Warden Thompson has filed a response arguing that the case is indeed mooted by petitioner’s release. ECF No. 37 at 2-3. Petitioner has also filed a short response which argues, perplexingly, that the action is not moot because he accepted respondent’s “offer of stipulation of dismissal for consideration.” ECF No. 38 at 1. To the extent he is seeking to enforce some settlement agreement, this…

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