U.S. Court of Appeals for the Ninth Circuit, 2010

Trenton v. Attorney General for Arizona

Trenton v. Attorney General for Arizona
U.S. Court of Appeals for the Ninth Circuit · Decided September 1, 2010 · Leavy, Hawkins, Ikuta
394 F. App'x 379

Trenton v. Attorney General for Arizona

Opinion

*380 MEMORANDUM **

Joseph Amaziah Trenton appeals pro se from the district court’s orders dismissing his 28 U.S.C. § 2254 habeas petition and denying his motion for reconsideration. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

On remand from this Court, the district court dismissed as moot Trenton’s habeas petition, which challenged the original calculation of his parole eligibility date. Trenton contends the district court erred by dismissing the petition and denying his subsequent motion for reconsideration because the Arizona Department of Corrections’ subsequent recalculation of his release dates was also incorrect. However, the recalculated release dates are not the subject of Trenton’s section 2254 petition or his original appeal. The issue of whether the recalculated release dates were erroneously calculated therefore has no bearing on whether the district court properly dismissed the petition.

The rule of mandate required the district court to dismiss the petition because this Court had determined that the only timely issue raised in the petition, whether the original parole-eligibility date was miscalculated, was moot. See United States v. Thrasher, 483 F.3d 977, 981-82 (9th Cir. 2007) (“ ‘a district court could not refuse to dismiss a case when the mandate required it’ ”) (quoting United States v. Cote, 51 F.3d 178, 181 (9th Cir. 1995)).

We construe Trenton’s additional arguments as a motion to expand the certificate of appealability. So construed, the motion is denied. See 9th Cir. R. 22-l(e); see also Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per curiam).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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