(HC) Duran v. Frauenheim ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JOSE ANTONIO DURAN, No. 2:17-cv-02122 -DJC-AC 11 Petitioner, 12 v. ORDER TO SHOW CAUSE 13 SCORTT FRAUENHEIM, 14 Respondent. 15 16 On April 7, 2023, the Court issued an order reassigning the present action from 17 Chief Judge Kimberly J. Mueller to District Judge Daniel J. Calabretta. (ECF No. 32.) 18 That order was served by mail on Petitioner Jose Antonio Duran. This order was 19 returned to the court marked as undeliverable on April 17, 2023. Pursuant to Local 20 Rule 183(b), pro se parties are required to keep the Court and opposing parties 21 advised of their current address. Failure of a pro se party to notify the Court of their 22 new address within 63 days of mail being returned undelivered may result in the 23 dismissal of the action without prejudice for failure to prosecute. L.R. 183(b). The 63- 24 period to notify the Court after the April 7, 2023 order was returned undeliverable has 25 passed. 26 The Magistrate Judge has issued Findings and Recommendations which 27 recommend that this action be dismissed for failure to prosecute. (ECF No. 33.) 28 Those Findings and Recommendations were also returned undelivered. A review of 1 | publicly available records indicates that Petitioner may no longer be in the custody of 2 || the California Department of Corrections and Rehabilitation.' The release of a 3 | petitioner may render a habeas petition moot where there is no longer a live 4 | controversy. Abdala v. INS, 488 F.3d 1061, 1064 (9th Cir. 2007); see U.S. CONST. 5 | art. lll. § 2. Alive controversy does not exist if, following a petitioner's release, there is 6 || no longer a collateral consequence of that petitioner's conviction that may be 7 || redressed by the Court. Id. Here, it appears Petitioner has been released from 8 || custody but it is not apparent that there is any remaining collateral consequence of 9 | Petitioner's habeas petition that may be redressed if the petition is successful. 10 Accordingly, IT IS HEREBY ORDERED that within fourteen (14) days of this 11 | order, Petitioner shall show cause in writing why this action should not be dismissed 12 | as moot and for failure to prosecute. See Abdala, 488 F.3d at 1064; see also LR. 13 | 183(b), 230(c). 14 15 IT IS SO ORDERED. 16 | Dated: _September 6, 2023 _ Bek | Cbabeatin.. Hon. Daniel labretta 17 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 | —————_—_ ' The California Department of Corrections and Rehabilitation provides an online “Inmate Locator” 27 | identifying the institution in which an inmate is currently held. The Inmate Locator can be accessed at https://inmatelocator.cdcr.ca.gov/. Searches conducted based both on Petitioner's name and the 28 | inmate number that were provided to the Court do not produce any results. 1 2 DJC1 – duran17cv02122.osc 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28