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Sienzant v. Winters

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 31, 2008

RICKEL SHANA'E SIENZANT, PETITIONER,
v.
COMMANDER KRIS WINTERS, RESPONDENT.

The opinion of the court was delivered by: M. James Lorenz United States District Court Judge

ORDER DENYING PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2241

On September 19, 2005, petitioner, appearing pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, contending that an alleged delay by the Navy Clemency and Parole Board ("NC&PB) in rendering a decision on her request for parole constituted a violation of her due process rights. Respondent filed a Return to the Petition contending that the Court lacks subject matter jurisdiction over petitioner's claim, and the petition is moot.

Discussion

Petitioner was convicted by general court-martial of violating Uniform Code of Military Justice Articles 92, 128 and 134. She was sentenced to 39 months of confinement, forfeiture of all pay and allowances, reduction to paygrade E-1, and a dishonorable discharge. (Petition at 3).

Thereafter, petitioner sought parole. One month prior to the decision by the NC&PB that denied her parole or clemency, petitioner filed her petition here arguing that her due process rights were violated because the NC&PB had not entered a decision concerning her parole request in a timely manner. But petitioner received a resolution of her request for parole from the NC&PB. Because she received a resolution, albeit a denial of parole, to her request for parole from the NC&PB, she has obtained the relief she sought in the present petition. Accordingly, her petition is moot.

Conclusion

Based on the foregoing, petitioner's petition for writ of habeas corpus is DENIED as moot. The Clerk of the Court is directed to close this case.

IT IS SO ORDERED.

20080131

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