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Ciappina v. Woodford

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 19, 2009

JOSEPH COSMO CIAPPINA, PETITIONER,
v.
JEANNE WOODFORD, ET AL., RESPONDENTS.

ORDER

Petitioner is a former state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges a judgment of conviction entered against him on October 23, 2001 in the Yolo County Superior Court on charges of oral copulation with a minor and sodomy with a minor. This court has independently verified that petitioner has been released from prison and discharged from parole. Good cause appearing, petitioner will be ordered to show cause why this matter should not be dismissed on the grounds that petitioner is no longer "in custody" for purposes of the habeas corpus statute. See 28 U.S.C. § 2254(a); Jones v. Cunningham, 371 U.S. 236, 243 (1963).

Accordingly, IT IS HEREBY ORDERED that petitioner show cause within thirty days from the date of this order why this matter should not be dismissed on the grounds that petitioner is no longer "in custody" for purposes of 28 U.S.C. § 2254(a).

20090819

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