Vaught IV v. Allison

1 UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA || Elbert Lee VAUGHT IV, Case No.: 21-cv-0408-CAB-AGS ° Pentioner.| aE PORT AND RECOMMENDATION || V. TO DENY AS MOOT PETITION FOR || Kathleen ALLISON, Secretary, WRIT OF HABEAS CORPUS 8 Respondent.

10 Petitioner Elbert Lee Vaught IV seeks a writ of habeas corpus under 28 U.S.C. || § 2254, challenging his parole denial. On August 11, 2022, he was released from prison 12 (ECF 24-3, at 2)the exact relief he seeks. (See, e.g., ECF 16, at 7.) As Vaught is no longer 13 suffering “an actual injury” that can be “redressed by a favorable judicial decision,” the || 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 || Nettles v. Grounds, 830 F.3d 922, 936 (9th Cir. 2016). Thus, the Court recommends the || petition (ECF 1) and motion for release (ECF 17) be DENIED AS MOOT and that the ||case be DISMISSED WITHOUT PREJUDICE.

20 The parties have 14 days from service of this report to file any objections to it.

21 28 U.S.C. § 636(b)(1). The party receiving an objection has 14 days to file any ||response. See Fed. R. Civ. P. 72(b)(2).

23 || Dated: August 25, 2022 FE Hon. ndrew G. Schopler United States Magistrate Judge