Trejo-Nava v. Derr
| Victor Hugo Trejo-Nava |
| Estela Derr |
| 1:2023cv00238 |
| June 2, 2023 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| J MICHAEL SEABRIGHT |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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| Document Text |
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| Filing 9 Prisoner Mail Returned as Undeliverable, re ECF #7 Judgment. Mail sent to FDC Honolulu returned by USPS. Stamp from FDC indicates Mr. Trejo-Nava "Not at this Address". (jni) |
| Filing 8 Prisoner Mail Returned as Undeliverable re ECF #6. Mail addressed to Victor Hugo Trejo-Nava. (mdc) |
| Filing 7 CLERK'S JUDGMENT entered on 7/13/2023 pursuant to ECF 6, Entering Order. COURT'S CERTIFICATE OF SERVICE - Victor Hugo Trejo-Nava shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on 7/13/2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).(jni) |
| Filing 6 EO: On June 2, 2023, the court received Trejo-Nava's Petition for Writ of Habeas Corpus Under 28 U.S.C. 2241 [ECF No. 1]. In the Petition, Trejo-Nava asks the court to order the Bureau of Prisons (1) to apply earned time credits and (2) to transfer him to U.S. Immigration and Customs Enforcement custody. In her Response [ECF No. 5], Warden Derr states that the BOP applied Trejo-Nava's earned time credits and transferred him to ICE custody on June 30, 2023. Because Trejo-Nava has received all his requested relief, the Petition is moot, and the court now lacks jurisdiction. See Sila v. Warden, 2023 WL 2504476, at *23 (C.D. Cal. Feb. 13, 2023) (dismissing as moot habeas petition seeking application of time credits by federal prisoner with immigration detainer after prisoner was released), report and recommendation adopted, 2023 WL 2504989 (C.D. Cal. Mar. 13, 2023). The Petition is therefore DISMISSED, and the Clerk is DIRECTED to enter judgment and close this case. IT IS SO ORDERED. (JUDGE J. MICHAEL SEABRIGHT)(rlfh)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
| Filing 5 RESPONSE re #1 Petition for Writ of Habeas Corpus Respondent Warden Estela Derr's Response to Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 [ECF NO. 1] and Certificate of Service filed by Estela Derr. (Attachments: #1 Declaration Kris Robl, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Moriyama, Rachel) |
Filing 4
ORDER TO SHOW CAUSE WHY THE PETITION, ECF NO. 1, SHOULD NOT BE DISMISSED - Signed by JUDGE J. MICHAEL SEABRIGHT on 6/22/2023. 1. Trejo-Nava is ordered to show cause in writing by July 6, 2023, why this matter should not be dismissed without prejudice for failure to exhaust administrative remedies. 2. The Clerk of Court is DIRECTED to serve a copy of this Order and the Petition, ECF No. 1, on the United States Attorney's Office for the District of Hawaii. 3. Respondent may file an optional response to this Order by July 20,2023, explaining why dismissal of this action is or is not appropriate because of Trejo-Nava's failure to exhaust administrative remedies. 4. If, after reviewing this Order, Trejo-Nava decides not to pursue his claim until he exhausts his administrative remedies, he may voluntarily dismiss this action by filing a notice of dismissal pursuant to Fed. R. Civ. P. 41(a). 5. If Trejo-Nava fails to respond to this Order by July 6, 2023, the Petition, ECF No. 1, and this action may be dismissed pursuant to Fed. R. Civ. P. 41(b) for failing to comply with a court order. (eta)
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| COURT'S CERTIFICATE of Service - a copy of #4 ORDER TO SHOW CAUSE WHY THE PETITION, ECF NO. 1, SHOULD NOT BE DISMISSED has been served by First Class Mail to Victor Hugo Trejo-Nava at the address of record on June 22, 2023. A copy of the #4 ORDER TO SHOW CAUSE WHY THE PETITION, ECF NO. 1, SHOULD NOT BE DISMISSED and a copy of #1 PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2241 has been served via interoffice delivery to the U.S. Attorney's Office for the District of Hawaii. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
| Filing 3 Filing fee: $ 5, receipt number 648 re #1 Petition for Writ of Habeas Corpus (eta) |
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Filing 2
DEFICIENCY ORDER re #1 - Signed by CHIEF JUDGE DERRICK K. WATSON on 6/2/2023. (jni)
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| Filing 1 PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2241 - filed by Victor Hugo Trejo-Nava. (Attachments: #1 Exhibit "A", #2 Mailing Envelope)(jni) |
| COURT'S CERTIFICATE of Service - a copy of #1 Petition for Writ of Habeas Corpus, and #2 Deficiency Order shall be served by First Class Mail to the address of record on 6/5/2023. Additionally, an Application to Proceed in Forma Paupers, and its instructions, are included in the mailing to Petitioner. (jni) |
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| Petitioner: Victor Hugo Trejo-Nava | |
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| Respondent: Estela Derr | |
| Represented By: | Rachel S. Moriyama |
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