Allison
Vaught IV v. Allison
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ELBERT LEE VAUGHT IV, Case No.: 21cv408-CAB-AGS
Petitioner,
ORDER ADOPTING REPORT AND
v. RECOMMENDATION [Doc. No. 26],
DENYING AS MOOT MOTION FOR
KATHLEEN ALLISON, Secretary, RELEASE [Doc. No. 17] AND Respondent. DISMISSING PETITION [Doc. No. 1]
WITHOUT PREJUDICE
17 On March 5, 2021, Petitioner Elbert Lee Vaught IV (“Petitioner”), a state prisoner 18 proceeding pro se and in forma pauperis, filed a Petition for Writ of Habeas Corpus 19 pursuant to 28 U.S.C. § 2254, [Doc. No. 1.] On November 8, 2021, Respondent filed an 20 answer to the petition and lodged the state court record. [Doc. Nos. 14, 15.] On 21 November 22, 2021, Petitioner filed a traverse [Doc. No. 16] and a motion for release 22 from custody [Doc. No. 17]. 23 On August 5, 2022, Petitioner filed a notice of change of address indicating that he 24 had been released from custody. [Doc. No. 21.] On August 9, 2022, Magistrate Judge 25 Andrew G. Schopler requested further…