Archanian v. Reubart

• Court: District Court, D. Nevada
• Decided: November 8, 2022
• Docket: 3:19-cv-00177
• Status: Unknown

Opinion

2 UNITED STATES DISTRICT COURT

3 DISTRICT OF NEVADA

4 AVETIS ARCHANIAN, Case No. 3:19-cv-00177-ART-CLB

5 Petitioner, ORDER DISMISSING ACTION

6 v.

7 WILLIAM REUBART, et al.,

8 Respondents.

9 10 This capital habeas corpus action was stayed on December 3, 2019, 11 pending completion of state-court proceedings. (ECF No. 21.) On September 29, 12 2022, with the stay still in place, the respondents filed a Suggestion of Death 13 (ECF No. 37), indicating that the petitioner, Avetis Archanian, has died. Attached 14 to Respondents’ Suggestion of Death, as Exhibit A to that document, is a copy of 15 an email from a Nevada Department of Corrections officer stating that Archanian 16 died on September 25, 2022. (ECF No. 37-1.) 17 On November 2, 2022, Archanian’s counsel filed a status report (ECF No. 18 38), informing the Court that the state district court has terminated Archanian’s 19 state court proceedings on account of Archanian’s death. The status report also 20 indicates that Archanian’s counsel is in the process of obtaining a death 21 certificate, which they intend to file under seal. 22 The Court determines that it is not necessary for Archanian’s counsel to 23 obtain, and file under seal, a death certificate. The Suggestion of Death filed by 24 the respondents—who had Archanian in their custody—with the attached 25 exhibit, and without any contrary filing by Archanian’s counsel, is sufficient. 26 As Archanian has died, this action is moot and subject to dismissal. See 27 Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 2005); see also Griffey v. Lindsey, 28 1 || 349 F.3d 1157 (9th Cir. 2003) (dismissing petition for writ of habeas corpus as 2 || moot on account of the petitioner’s death). 3 It is therefore ordered that this action is dismissed, as moot, on account of 4 || the petitioner’s death. The Clerk of the Court is directed to enter judgment 5 || accordingly and close this case. 6 DATED THIS 8th day of November, 2022. 7 Ara jlosed Jer 8 ANNE R. TRAUM 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28