Ochoa v. Vigil

UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO FRANCES OCHOA, Petitioner, v. Civ. No. 18-910 WJ/GJF MARIANNA VIGIL, and ATTORNEY GENERAL OF THE STATE OF NEW MEXICO, Respondents.

ORDER TO SHOW CAUSE THIS MATTER comes before the Court sua sponte in connection with Petitioner’s 28 U.S.C. § 2254 habeas proceeding. Petitioner was recently released from prison, and the postal service returned a mailing to him as undeliverable with the notation “Return to Sender: No Such Street.” ECF 8. It appears that Petitioner severed contact without advising the Court of his new address, as required by D.N.M. LR-Civ. 83.6. The habeas claims may also be moot because Petitioner is also no longer “in custody” in violation of federal law, as required by 28 U.S.C. § 2254. To proceed under § 2254, a released prisoner must establish that “sufficient collateral consequences flow from the underlying judgment and the completed sentence to save the [action] from mootness.” United States v. Meyers, 200 F.3d 715, 718 (10th Cir. 2000); see also United States v. Hernandez–Baide, 146 Fed. App’x. 302, 304 (10th Cir. 2005) (unpublished) (petitioner bears the burden of proving sufficient collateral consequences).

IT IS THEREFORE ORDERED that, no later than April 21, 2020, Petitioners shall (1) notify the Clerk in writing of his new address and (2) show cause why this habeas proceeding is not moot. The failure to timely comply with either directive will result in dismissal of this case without further notice.

SO ORDERED. weds pi OtUAdAY THE HONORABLE GREGORY J. FOURATT UNITED ATES MAGISTRATE JUDGE