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Huftile v. Hunter

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


September 14, 2010

MICHAEL HUFTILE, PETITIONER,
v.
MELVIN HUNTER, ET AL., RESPONDENTS.

ORDER

The petition for writ of habeas corpus filed in this action was denied and judgment was entered on February 17, 2009.*fn1 On August 12, 2010, petitioner filed a notice of change of address which reflected that he had been discharged from prison. On August 17, 2010, petitioner filed a document entitled "Notice of Change in Circumstances; Submission of Documents in Support of Petition for a Writ of Habeas Corpus." Therein, petitioner erroneously stated that "the District Court has yet to render a decision" on the instant matter. Petitioner goes on to argue that his release from prison did not render these proceedings moot. As noted, however, petitioner's claims were rejected on the merits by this court before he was released from prison. Accordingly, his recently presented argument that his petition was not rendered moot by his release from imprisonment has no bearing on the resolution of this habeas action since he was denied habeas relief on the merits and not based upon a finding that his claims had been rendered moot. Petitioner's August 17, 2010 notice, which was filed more than one year after this matter was closed, will therefore be disregarded.

IT IS SO ORDERED.


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