Opinion
5:24-cv-01978 TJH (ADS)
12-17-2024
Darrell King v. U.S.P. Victorville
Present: The Honorable Autumn D. Spaeth, United States Magistrate Judge
CIVIL MINUTES - GENERAL
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE REGARDING DISMISSAL
Before the Court is Darrell King's (“Petitioner”) Petition for Writ of Habeas Corpus by a Person in Federal Custody (“Petition”) alleging a due process violation in connection with an October 26, 2021 disciplinary incident (the “Incident”) that he claims he did not commit. (Dkt. No. 1.) On December 16, 2024, Respondent filed a notice stating the Petition is now moot because, on December 10, a Disciplinary Hearing Officer held a rehearing on the Incident, found the Incident report unsubstantiated, expunged the Incident from Petitioner's record, and “all sanctions relating to good conduct time have been credited back to Petitioner's sentence.” (Dkt. No. 15.) Respondent submits evidence supporting the notice and indicating that Petitioner was present for the rehearing. (Dkt. Nos. 15-1, 15-2.) Accordingly, the Petition appears to be moot.
Petitioner is ORDERED TO SHOW CAUSE in writing why this action should not be dismissed as moot by no later than December 30, 2024.
Petitioner is expressly cautioned that failing to comply with this Order will result in the recommendation that this action be dismissed for failure to prosecute or to obey Court orders pursuant to Federal Rule of Civil Procedure 41(b).
IT IS SO ORDERED.