Although the court finds that the Hilton factors weigh against granting a stay, the court DENIES the motion to stay on the alternate ground that the motion is moot. Petitioner argues that the motion to stay is moot because the orders have already been fully executed and there is nothing left to stay. In a case similar to this one, Valdivia v. Brown, Civ. S-05-0416 FCD DAD (E.D. Cal. 2010), the court denied a stay as moot. "Because the Board of Parole Hearings calculated a term for Petitioner . . . and set a date for release, and because petitioner has been released, the court's . . . order has been fully executed. As such, there is nothing for the court to stay.
Petitioner argues that the motion to stay is moot because the orders have already been fully executed and there is nothing left to stay. In a case similar to this one, Valdivia v. Brown, Civ. S-05-0416 FCD DAD (E.D. Cal. 2010), the court denied a stay as moot. "Because the Board of Parole Hearings calculated a term for Petitioner... and set a date for release, and because petitioner has been released, the court's... order has been fully executed.