Cruz v. Price

Summary

The United States District Court for the Eastern District of California dismissed Peter Casey Cruz’s petition for a writ of habeas corpus under 28 U.S.C. § 2241 as moot after counsel notified the court that Cruz had died. The court directed the Clerk of Court to close the case.

Holdings

1. A habeas petition must be dismissed as moot when the petitioner dies during the proceeding and the court can no longer provide an effective remedy because the petitioner is no longer in the custody being challenged.

Questions Presented

1. Whether the habeas petition became moot when the petitioner died during the pendency of the proceeding.

Disposition

dismissed