Summary
The United States District Court for the District of Nevada dismissed Deshawn Thomas’s petition for a writ of habeas corpus without prejudice as moot after respondents reported that Thomas had died. The court directed the Clerk to close the case and enter judgment.
Holdings
- A petitioner’s death, which ends the detention challenged in a habeas action, renders the petition moot because the action no longer presents a live case or controversy.
- The moot habeas petition should be dismissed without prejudice, the case closed, and judgment entered accordingly.
Questions Presented
- Whether the petition for a writ of habeas corpus became moot upon petitioner’s death.
- Whether the court should dismiss the moot habeas petition without prejudice and close the case.
Disposition
dismissed
Cases Cited (4)
- Dove v. United States, 423 U.S. 325 (1976)(analogized)
- Farmer v. McDaniel, 692 F.3d 1052 (9th Cir. 2012)(followed)
- Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 2005)(followed)
- Griffey v. Lindsey, 349 F.3d 1157 (9th Cir. 2003)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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