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William Odessa Brown, Ii v. Larry Small

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 19, 2011

WILLIAM ODESSA BROWN, II,
PLAINTIFF,
v.
LARRY SMALL, WARDEN, DEFENDANT.

The opinion of the court was delivered by: Honorablelarryalanburns United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

The Court has reviewed Judge Battaglia's R&R and finds that it appropriately recommends dismissing Brown's habeas petition as moot. The Court notes that Brown filed no objection to the R&R.

The jurisdiction of federal courts extends only to "actual cases or controversies." Iron Arrow Honor Soc'y v. Heckler, 464 U.S. 67, 70 (1983). When a case doesn't present a case or controversy, it's moot. Wilson v. Terhune, 319 F.3d 477, 479 (9th Cir. 2003) (quotations omitted). Here, the basis of Brown's petition is a disciplinary proceeding in prison, but he has subsequently endured the discipline at issue and been released on parole. There is therefore no case or controversy properly before the court. See id. The petition is therefore DISMISSED.

IT IS SO ORDERED.

20110119

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