govinfo:USCOURTS-casd-3_26-cv-01158-0

1 
3:26-cv-1158-CAB-AHG 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
 
 
 
 
 
 
 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
 
BRANDON LEON BIBBS, 
Petitioner, 
v. 
C.D.C.R., 
Respondent. 
 Case No.:  3: 26-cv-1158-CAB-AHG 
 
ORDER DISMISSING CASE AS 
MOOT 
 
 
On February 13, 2026, Petitioner Brandon Lee Bibbs, an inmate proceeding pro se, 
filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. [Doc. No. 1.]  The 
Court dismissed the action without prejudice be cause Petitioner failed to satisfy the filing 
fee requirement. [Doc. No. 2].  The Court gave Petitioner until April 10, 2026 to have his 
case reopened by either paying the fili ng fee or submitting a motion to proceed in forma 
pauperis. [Id].  On April 7, 2026, Petitioner paid the $5.00 filing fee and as such the Court 
ORDERS the case REOPENED.  Upon review of the Petition, however, the Court finds 
the action must be dismissed as moot.  
 On June 3, 2026, Petitioner filed a notice of change of address indicating that he has 
been released from state custody.  [Doc. No. 4.]  A habeas petition may become moot when 
a petitioner who sought release from custody as the primary relief for his habeas petition 
is released from custody.  See Munoz v. Rowland, 104 F.3d 1096, 1097–98 (9th Cir. 1997) 
Case 3:26-cv-01158-CAB-AHG     Document 5     Filed 06/15/26     PageID.<pageID>     Page
1 of 2
 
2 
3:26-cv-1158-CAB-AHG 
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(“Because [the petitioner] has been released . . ., we can no longer provide him the primary 
relief sought in his habeas corpus petition. ”).  However, “if a petitioner challenges the 
validity of his underlying convic tion, the collateral consequen ces of that conviction may 
be sufficient to overcome mootness despite his subsequent release from prison.” Id. at 
1098.  
Here, in his only ground for relief, Pe titioner seeks “immediate release” from 
custody because, he alleges, he was committed to the custody of the California Department 
of Corrections and Rehabilitation “without a certified cop[y] [of his] judgment of 
conviction record (abstract or minute order), which results in an illegal custody.”  [Doc. 
No. 1 at 5.]  Petitioner does not  challenge, or even reference, his underlying criminal 
conviction.  Because Petitioner indicates he has been released from custody, [see Doc. No. 
4], he has received the prim ary relief sought in his petition.   Therefore, the case is 
DISMISSED as moot.  
 IT IS SO ORDERED.  
Dated:  June 15, 2026  
 
 
 
 
 
 
Case 3:26-cv-01158-CAB-AHG     Document 5     Filed 06/15/26     PageID.<pageID>     Page
2 of 2

Passage view · GavelSight