(HC)Elliston v. Thompson ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DOUGLAS ELLISTON, No. 2:21-cv-01680-KJM-CKD P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 PAUL THOMPSON, 15 Respondent. 16 17 Petitioner is a federal inmate proceeding pro se and in forma pauperis in this habeas 18 corpus action filed pursuant to 28 U.S.C. § 2241. In his habeas application, petitioner requested 19 that the Bureau of Prisons “immediately record his earned time credits in order for [p]etitioner to 20 be placed immediately on home confinement.” ECF No. 1 at 9. On February 1, 2022, the court 21 ordered petitioner to show cause within 21 days why the habeas petition should not be dismissed 22 as moot in light of his release from the Federal Bureau of Prisons. ECF No. 9. Petitioner did not 23 respond to the court’s order and his service copy of the order was returned on February 14, 2022 24 indicating that he was no longer in custody at FCI-Herlong. 25 Although it appears from the file that petitioner’s copy of the order was returned, 26 petitioner was properly served. It is the petitioner’s responsibility to keep the court apprised of 27 his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record 28 address of the party is fully effective. 1 Accordingly, IT IS HEREBY RECOMMENDED that: 2 1. Petitioner’s application for a writ of habeas corpus be dismissed as moot based on 3 petitioner’s release from prison. 4 2. Respondent’s motion to dismiss (ECF No. 7) be denied as unnecessary. 5 These findings and recommendations are submitted to the United States District Judge 6 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 7 || after being served with these findings and recommendations, any party may file written 8 || objections with the court and serve a copy on all parties. Such a document should be captioned 9 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 10 || objections shall be served and filed within fourteen days after service of the objections. The 11 || parties are advised that failure to file objections within the specified time may waive the right to 12 || appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 13 || Dated: March 1, 2022 fed) / dha ANI fe fo. AG 4 CAROLYNK.DELANEY 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 12/elli1680.F&R.2241 moot.CIRA 22 23 24 25 26 27 28