Personal Restraint Petition Of Joseph Njuguna Njonge

• Court: Court of Appeals of Washington
• Decided: January 27, 2025
• Docket: 85468-2
• Status: Unpublished

Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION ONE In the Matter of the Personal Restraint Petition of: No. 85468-2-I

JOSEPH NJUGUNA NJONGE, UNPUBLISHED OPINION

Petitioner.

PER CURIAM — Joseph Njonge filed this personal restraint petition

challenging the imposition of disciplinary sanctions by the Department of

Corrections (the Department) following an administrative hearing at which he was

found guilty of committing an administrative infraction. Njonge asserts that he is

under restraint by the Department and requests that we reverse the guilty finding,

remove the disciplinary sanctions imposed, and remand the matter for a new

hearing.

Subsequent to the filing of his petition, the Department vacated the finding

of guilt, expunged the infraction in question from its records, and vacated all

sanctions imposed as a result of the hearing. Supplemental Response Br. of

Department of Corrections at 2-3. Thereafter, Njonge was released from the

Department’s custody into the custody of United States Immigration and

Customs Enforcement. At the time of the filing of the Department’s supplemental

brief, Njonge was being held in federal custody awaiting his immigration

proceeding. Supplemental Response Br. of Department of Corrections at 1 n.1. No. 85468-2-I/2

As pertinent here, “the appellate court will grant appropriate relief to a

petitioner if the petitioner is under a ‘restraint.’” RAP 16.4(a). However, “[a] case

is moot if a court can no longer provide effective relief.” In re Det. of Cross, 99

Wn.2d 373, 376-77, 662 P.2d 828 (1983) (citing State v. Turner, 98 Wn.2d 731,

733, 658 P.2d 658 (1983)); see also In re. Pers. Restraint of White, 25 Wn. App.

911, 912, 612 P.2d 10 (1980).

Given the foregoing, Njonge is no longer under State restraint. The

Department vacated the guilty finding arising from his commission of an

administrative infraction, expunged the infraction in question from its records, and

vacated all sanctions imposed as a result of the hearing. In addition, he is no

longer under the custody of the Department. He is, therefore, not under restraint

imposed by the State of Washington. The actions taken by the Department

exceed in benefit the relief he requested herein (the grant of a new hearing).

Thus, we can no longer provide effective relief in response to his petition. RAP

16.4(a); Cross, 99 Wn.2d at 376-77; White, 25 Wn. App. at 912. Accordingly, his

personal restraint petition is moot and his petition is dismissed.

For the Court: