(HC) Donges v. Mule Creek State Prison

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHAWN CURTIS DONGES, No. 2:12-cv-1526 AC 12 Petitioner, 13 v. ORDER 14 JOE A. LIZARRAGA, Warden, 15 Respondent. 16 17 Petitioner is a former California state prisoner1 proceeding through counsel with an 18 application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Second Amended 19 Petition, filed on January 11, 2019, ECF No. 55, challenges petitioner’s 2009 conviction for 20 residential burglary and receiving stolen property. Respondent has answered, ECF No. 62, and 21 petitioner has filed a traverse, ECF No. 6. The case is before the undersigned pursuant to the 22 consent of the parties. ECF Nos. 3, 14. 23 //// 24 //// 25 //// 26 27 1 Petitioner filed a notice of change of address in 2013, ECF No. 30, which suggested that he had been released from custody. The collateral consequences of his convictions prevent the case from 28 being moot. See Chacon v. Wood, 36 F.3d 1459, 1463 (9th Cir. 1994). 1 BACKGROUND 2 …