Larry Darnell Billings v. Robert Burton

Case 2:22-cv-06423-MWF-DFM Document Filed 10/04/ Page 1 of Page ID #:

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

WESTERN DIVISION

LARRY DARNELL BILLINGS, No. CV 22-06423-MWF (DFM)

Petitioner, ORDER OF DISMISSAL

v.

ROBERT BURTON,

Respondent.

Petitioner Larry Darnell Billings filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254, challenging his 1990 conviction for first- degree murder with special circumstances. See Dkt. 1. The Court’s “Notice of Reference to a U.S. Magistrate Judge,” see Dkt. 3, was returned to sender with the notation that Petitioner died on September 13, 2022, see Dkt. 4. The California Department of Corrections and Rehabilitation (“CDCR”) inmate locator shows no records for Mr. Billings, confirming that he is deceased. See https://inmatelocator.cdcr.ca.gov/search.aspx (search for “Billings, Larry”) (last accessed Oct. 3, 2022). A habeas petitioner must be “in custody” to challenge his detention. See 28 U.S.C. § 2254(a). A petitioner’s death renders the habeas petition moot. See Dove v. United States, 423 U.S. 325 (1976) (per curiam) (dismissing petition for a writ of certiorari from…