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

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEMEAKA ELLIS, Case No. 1:20-cv-00691-KES-HBK (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION AS MOOT

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

FOURTEEN-DAY OBJECTION PERIOD

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

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