McNeely v. Arenas CA1/5

Filed 2/4/16 McNeely v. Arenas CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

DOCK MCNEELY, Plaintiff and Appellant, v. A144982 LILLIAN ARENAS, (Alameda County Defendant and Respondent. Super. Ct. No. RG15760569)

Dock McNeely, acting in propria persona, sought a civil harassment restraining order against a deputy probation officer, Lillian Arenas, claiming she had no authority to supervise him under the Postrelease Community Supervision Act of 2011 (the Act; Pen. Code, § 3450 et seq.). After the conclusion of the evidentiary hearing, McNeely sought a continuance, which was denied along with his petition for a restraining order. On appeal, McNeely contends the trial court abused its discretion by denying his request for a continuance. We dismiss the appeal because it is moot. I. FACTUAL AND PROCEDURAL BACKGROUND On March 25, 1994, McNeely pleaded guilty to one count of continuous sexual abuse of a child. As a result, he was placed on five years’ probation and required to register as a sex offender. (People v. McNeely (Oct. 7, 2010, C063051) [nonpub. opn.].)1

1 We cite this unpublished opinion to explain the factual background of the instant case and not as legal authority. (See Conrad v. Ball Corp. (1994) 24 Cal.App.4th 439, 443–444, fn. 2.)

1

In 2009, he was convicted of failure to register within five days of coming into a city or county and failure to register as a sex offender annually within five days of his birthday. He was sentenced to an aggregate term of seven years and four months in prison. On October 28, 2014, McNeely was released from prison on postrelease supervision, pursuant to the Act. He was initially supervised by the Sacramento County Probation Department. After McNeely moved to Oakland in late 2014, McNeely’s supervision was transferred to the Alameda County Probation Department (the Department). In connection with her official duties as a deputy probation officer, Arenas was assigned to supervise McNeely. Arenas and McNeely had no other interaction. On March 2, 2015, McNeely filed a civil harassment restraining order request.2 He asserted that the Department had no jurisdiction to supervise him under the Act because the Ninth Circuit had granted his habeas corpus petition challenging his pretrial detention in a separate criminal case. (McNeely v. Blanas (9th Cir. 2003) 336 F.3d 822, 824–825, 832.) McNeely’s ex parte request for a temporary restraining order was denied and a hearing was set for March 20, 2015. The trial court heard evidence on March 20 and tentatively denied McNeely’s petition. The matter was continued to March 25 in order