Lovell v. Baca
Lovell v. Baca
Trial Court Opinion
1
2
3 UNITED STATES DISTRICT COURT
4 DISTRICT OF NEVADA
5 * * *
6 GEORGE T. LOVELL, JR., Case No. 3:18-cv-00460-MMD-WGC
7 Petitioner, v. ORDER 8
9 ISIDRO BACA, et al.,
10 Respondents.
11 12 On March 4, 2020, this Court entered an order directing Petitioner to show cause 13 why this habeas corpus proceeding under
28 U.S.C. § 2254should not be dismissed as 14 moot. (ECF No. 24.) The Court’s deadline for responding to the order (April 3, 2020) has 15 passed. (Id.) Petitioner has neither responded to the order to show cause, nor requested 16 additional time within which to do so. 17 As more fully explained in the Court’s order to show cause, this proceeding is moot 18 because Petitioner’s habeas petition challenges only the length of his sentence, which 19 has expired, and he has not demonstrated the existence of a continuing injury, i.e., a 20 collateral consequence, that will be redressed by a favorable outcome in this case. See 21 Spencer v. Kemna,
523 U.S. 1(1998). 22 It is therefore ordered that the petition for writ of habeas corpus (ECF No. 7) is 23 dismissed as moot. The Clerk of Court is directed to enter judgment accordingly and close 24 this case. 25 /// 26 /// 27 1 It is further ordered that a certificate of appealability is denied, as jurists of reason 2 would not find the Court’s dismissal of the petition to be debatable or incorrect. 3 DATED THIS 26th day of May 2020.
4
5 MIRANDA M. DU 6 CHIEF UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
Reference
- Status
- Unknown