(HC) Sosa v. Corcoran State Prison

Good Law
United States District Court, Eastern District of CaliforniaJanuary 26, 20231:21-cv-01094California349 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALFRED R. SOSA, Case No. 1:21-cv-01094-ADA-HBK (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS ACTION

v.

WARDEN OF CORCORAN STATE

PRISON, FOURTEEN-DAY OBJECTION PERIOD

15 Respondent. 16 On December 7, 2022, the Court directed the Office of the Attorney General to determine whether Petitioner was deceased after the undersigned’s findings and recommendations to dismiss his Petition were returned by the U.S. Postal Service as “undeliverable deceased.” (Doc. No. 24). The Office of the Attorney General filed a notice advising that Petitioner died on December 23, 2021. (Doc. No. 25). Based upon the Notice, the undersigned recommends this action be dismissed. See Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 2005) (finding death of Petitioner mooted habeas appeal); see also Spencer v. Kemna, 523 U.S. 1, 7 (1998) (holding that when a habeas petitioner is no longer incarcerated, the habeas petition is moot absent “collateral…

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