Chappell
(HC) (DP) Hawkins v. Chappell
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEFFREY JAY HAWKINS, Case No. 2:96-cv-01155-TLN-JDP (DP) Petitioner, ORDER DIRECTING PETITIONER’S
COUNSEL TO NOTIFY COURT AS TO
v. WHETHER PETITIONER IS DECEASED RON DAVIS, NOTICEDUE WITHIN THIRTYDAYS Respondent. 16 Media reports state that petitioner died in July 2020 after contracting Covid-19. See,e.g., Rosalio Ahumada and Sam Stanton, San Quentin Death Row Inmate Convicted in Sacramento County Dies of Covid-19, Sac. Bee, Jul. 15, 2020. Within thirty days of this order’s entry, petitioner’s counsel shall file a notice that confirms or denies petitioner’s death. If the notice confirms his death, counsel should also submit a copy of his death certificate. Only a person who is “in custody pursuant to the judgment of a State court” can bring a habeas petition under section 2254. 28 U.S.C. § 2254(a). Accordingly, if petitioner is deceased, this action will need to be dismissed. See Porras v.…