Filed: Dec. 27, 2007
Latest Update: Mar. 02, 2020
Summary: FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT KEITH LEE WILLIAMS, No. 05-55604 Petitioner-Appellant, D.C. No. v. CV-03-00196-NM EDWARD S. ALAMEIDA, JR., Central District Director, Warden, of California, Respondent-Appellee. Los Angeles ORDER Filed December 28, 2007 Before: Kim McLane Wardlaw, Carlos T. Bea, and N. Randy Smith, Circuit Judges. ORDER Keith Lee Williams appeals the district court’s order grant- ing Edward Alameida’s Rule 12(b)(6) motion to dismiss for f
Summary: FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT KEITH LEE WILLIAMS, No. 05-55604 Petitioner-Appellant, D.C. No. v. CV-03-00196-NM EDWARD S. ALAMEIDA, JR., Central District Director, Warden, of California, Respondent-Appellee. Los Angeles ORDER Filed December 28, 2007 Before: Kim McLane Wardlaw, Carlos T. Bea, and N. Randy Smith, Circuit Judges. ORDER Keith Lee Williams appeals the district court’s order grant- ing Edward Alameida’s Rule 12(b)(6) motion to dismiss for fa..
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FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KEITH LEE WILLIAMS, No. 05-55604
Petitioner-Appellant, D.C. No.
v. CV-03-00196-NM
EDWARD S. ALAMEIDA, JR., Central District
Director, Warden, of California,
Respondent-Appellee. Los Angeles
ORDER
Filed December 28, 2007
Before: Kim McLane Wardlaw, Carlos T. Bea, and
N. Randy Smith, Circuit Judges.
ORDER
Keith Lee Williams appeals the district court’s order grant-
ing Edward Alameida’s Rule 12(b)(6) motion to dismiss for
failure to state a claim. Williams sued Alameida, the Director
of the California Department of Corrections (“CDC”), under
42 U.S.C. § 1983, alleging he was held in CDC custody past
the date of his sentence for failure to submit a DNA sample
in violation of the Fourth Amendment, the Ex Post Facto
Clause, and the Due Process Clause of the United States Con-
stitution.
On November 5, 2007, Alameida moved to dismiss this
appeal under the fugitive disentitlement doctrine. In support
of this motion, Williams’s parole agent declared that Williams
was released from prison and placed on parole on June 2,
2005, but failed to report to his parole agent. An arrest war-
16867
16868 WILLIAMS v. ALAMEIDA
rant has been issued for Williams, who remains a parolee at
large.
Under the fugitive disentitlement doctrine, we have discre-
tion to dismiss the appeal of a party who becomes a fugitive
while his appeal is pending. Conforte v. Comm’r of Internal
Revenue,
692 F.2d 587, 590 (9th Cir. 1982).
We grant Alameida’s Motion to Dismiss. Because it
appears from the face of the complaint that Williams’s unlaw-
ful detention claim is potentially meritorious, and the district
court failed to address that claim, we conditionally dismiss
Williams’s appeal pursuant to the fugitive disentitlement doc-
trine. See
id. (“Joseph Conforte’s appeal is dismissed. If
within 56 days he submits himself to the jurisdiction of the
District Court of Nevada, he may move to reinstate his
appeal.”).
If within 60 days Williams submits himself to the State of
California authorities, he may move to reinstate this appeal
and have the action remanded so that the district court may
consider the unlawful detention claim in the first instance.
IT IS SO ORDERED.
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