Gregg Leon Crampton v. J. E. Thomas

* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GREGG LEON CRAMPTON,
Petitioner - Appellant,
v.
J. E. THOMAS,
Respondent - Appellee.
No. 09-35645
D.C. No. 3:07-cv-01883-BR
ORDER*
Appeal from the United States District Court
for the District of Oregon
Anna J. Brown, District Judge, Presiding
Submitted October 5, 2010**
Portland, Oregon
Before: TASHIMA, PAEZ and CLIFTON, Circuit Judges.
Gregg Leon Crampton moves to dismiss as moot his petition for writ of
habeas corpus under 28 U.S.C. § 2241 and his appeal of the district court’s denial
of the same, and to vacate the district court’s order pursuant to 28 U.S.C. § 2106.
FILED
OCT 27 2010
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2
The government agrees to the dismissal but argues that the district court’s order
should not be vacated.
It is undisputed that because Crampton was resentenced on February 2, 2010
to a consecutive sentence of 96 months, this appeal and the underlying petition are
moot. Furthermore, because Crampton’s petition has become moot by the
“happenstance” of a separate court judgment involving distinct legal issues not
raised in this appeal, vacatur is appropriate. See Alvarez v. Smith, ___ U.S. ___,
130 S. Ct. 576, 581-83 (2009). We grant Crampton’s motion to dismiss, vacate the
district court’s order of June 26, 2009, and remand with instructions to dismiss the
case as moot.
VACATED AND REMANDED.

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