Eaton

(HC) Ellis v. Eaton

Good Law
United States District Court, Eastern District of CaliforniaApril 19, 20241:20-cv-00691California1,284 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEMEAKA ELLIS, Case No. 1:20-cv-00691-KES-HBK (HC) 12 Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION AS MOOT

13 v. (Doc. No. 1) 14 PATRICK EATON,

FOURTEEN-DAY OBJECTION PERIOD

15 Respondent. 16 17 18 Petitioner Demeaka Ellis, a former state prisoner, initiated this action on April 30, 2020 by 19 filing a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254 challenging the loss of 20 good time credit stemming from a disciplinary hearing. (Doc. No. 1, “Petition”). On March 27, 21 2024, the Court’s March 14, 2024 Order reassigning the case was returned as “undeliverable, 22 absconded from parole.” (See docket). On April 8, 2024, the Court ordered Respondent to 23 submit supplement briefing addressing whether the action is moot as a result of Petitioner’s 24 release from custody. (Doc. No. 25). On April 17, 2024, Respondent filed a supplemental brief 25 arguing that the Court should dismiss the Petition as moot because Petitioner was released…

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