Allison

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 3 4 || Elbert Lee VAUGHT IV, Case No.: 21-cv-0408-CAB-AGS ° Pentioner.| aE PORT AND RECOMMENDATION 6 || V. TO DENY AS MOOT PETITION FOR 7 || Kathleen ALLISON, Secretary, WRIT OF HABEAS CORPUS Respondent. 9 Petitioner Elbert Lee Vaught IV seeks a writ of habeas corpus under U.S.C. 11 || § 2254, challenging his parole denial. On August 11, 2022, he was released from prison (ECF 24-3, at 2)the exact relief he seeks. (See, e.g., ECF 16, at 7.) As Vaught is no longer suffering “an actual injury” that can be “redressed by a favorable judicial decision,” the 14 || case is moot. See Spencer v. Kemna, 523 U.S. 1, 7 (1998). And, because the petition does |/not “name[] the correct defendants” nor “seek[] the correct relief’ for a § 1983 claim, the ||Court recommends declining to recharacterize the petition as a § 1983 complaint. See 17 || Nettles v. Grounds, 830 F.3d 922, 936 (9th Cir. 2016). …