Case 2:22-cv-06504-DSF-PD Document 16 Filed 01/17/23 Page 1 of 2 Page ID #:198

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JERMAINE HARDIMAN, Case No. 2:22-cv-06504-DSF-PD 12 Petitioner, ORDER DISMISSING 13 PETITION FOR WRIT OF v. 14 HABEAS CORPUS WARDEN J. ENGLEMAN, 15 Respondent. 16 17 On September 12, 2022, Petitioner Jermaine Hardiman, who was an 18 inmate at the Federal Correctional Institution in Terminal Island, California, 19 filed a “Petition for Writ of Habeas Corpus under

." [Dkt. No. 20 1.] Petitioner alleged that the Bureau of Prisons (“BOP”) failed to apply his 21 time credits toward service of his sentence or placement into pre-release 22 custody, and he asked the Court to order the BOP to apply the credits, release 23 him immediately, and place him in prerelease custody or on supervised 24 release. On December 12, 2022, the government moved to dismiss the 25 Petition on the grounds that it is moot, because the BOP had applied the 26 credits and scheduled Petitioner for transfer to pre-release custody on 27 December 14, 2022, and that to the extent Petitioner intends to contest the 28 Case 2:22-cv-06504-DSF-PD Document Filed 01/17/23 Page 2of2 Page ID #:199

1 || BOP’s application of the credits, he has failed to exhaust his available 2 || administrative remedies. [Dkt. No. 12.] 3 On December 27, 2022, Petitioner filed a request for dismissal of this 4 || action without prejudice. [Dkt. No. 15.] Petitioner is currently located at a 5 || residential reentry center in San Pedro. See https://www.bop.gov/inmateloc// 6 || (ast visited January 12, 2023). As Petitioner has obtained the remedy he 7 || sought, his claim is moot and the Petition should be dismissed for lack of 8 || jurisdiction. See Abdala v. Immigration and Naturalization Service,

|| 1061, 1065 (9th Cir. 2007) (habeas petition moot where petitioner’s release 10 || and deportation “cur[ed] his complaints” about the length of his detention); 11 || Bishop Paiute Tribe v. Inyo County,

(9th Cir. 2017) (“A 12 || federal court lacks jurisdiction to hear a case that is moot.”). 13 Accordingly, IT IS ORDERED that the government’s motion and 14 || Petitioner’s request to dismiss the Petition [Dkt. Nos. 12, 15] are granted and 15 || that Judgment be entered dismissing the Petition without prejudice. 16 IT IS SO ORDERED. 17 | DATED: January 17, 2023 iH} )

19 UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28