Borders

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ABDUL SHUKUR ABDULRAZAK, No. 2:19-cv-0127 JAM DB P 11 Petitioner, 12 v. FINDINGS AND RECOMMENDATIONS 13 DEAN BORDERS, WARDEN, 14 Respondent. 15 16 Petitioner, a former state prisoner1 proceeding pro se and in forma pauperis, has filed an 17 application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 while incarcerated. The 18 matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and 19 Local Rule 302. 20 //// 21 //// 22

23 1 On July 24, 2020, petitioner filed a change of address with the court. (ECF No. 24). The address appears to indicate that petitioner is no longer in custody. 24 Petitioner’s release from prison does not render his petition moot. Incarceration at the time a petition is filed is all that is necessary to satisfy the “in custody” requirement of 28 U.S.C. 25 § 2254(a). See Spencer v. Kemna, 523 U.S. 1, 7 (1998); Comstock v. Humphries, 786 F.3d 701, 26 704 n.1 (9th Cir. 2015). Because, as…