Kevin Jessie Walker v. Linda Sanders ( 2010 )


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  •                             NOT FOR PUBLICATION
    UNITED STATES COURT OF APPEALS                         FILED
    FOR THE NINTH CIRCUIT                            JUL 01 2010
    MOLLY C. DWYER, CLERK
    U .S. C O U R T OF APPE ALS
    KEVIN JESSIE WALKER,                             No. 09-56380
    Petitioner - Appellant,           D.C. No. 2:09-cv-01322-GAF
    v.
    MEMORANDUM *
    LINDA SANDERS, Warden,
    Respondent - Appellee.
    Appeal from the United States District Court
    for the Central District of California
    Gary A. Feess, District Judge, Presiding
    Submitted June 29, 2010 **
    Before:        ALARCÓN, LEAVY, and GRABER, Circuit Judges.
    Federal prisoner Kevin Jessie Walker appeals pro se from the district court’s
    judgment dismissing his 
    28 U.S.C. § 2241
     habeas petition as moot. We have
    jurisdiction under 
    28 U.S.C. § 2253
    , and we affirm the district court.
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    Walker contends that the district court erred by dismissing his habeas
    petition seeking immediate transition to a Residential Reentry Center (RRC). The
    record reflects that Walker is currently placed at an RRC and that his projected
    release date is July 16, 2010. Thus, there is no injury that can be redressed by a
    favorable decision, and the case is moot. See Burnett v. Lampert, 
    432 F.3d 996
    ,
    999-1001 (9th Cir. 2005); see also Munoz v. Rowland, 
    104 F.3d 1096
    , 1097-98
    (9th Cir. 1997) (noting that, “[b]ecause Munoz has been released from the [secured
    housing unit], we can no longer provide him the primary relief sought in his habeas
    corpus petition”).
    AFFIRMED.
    2                                    09-56380
    

Document Info

Docket Number: 09-56380

Judges: Alarcón, Leavy, Graber

Filed Date: 7/1/2010

Precedential Status: Non-Precedential

Modified Date: 11/5/2024