Arlyn David Hogarth v. Calvin Johnson, et al.

Opinion

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 ARLYN DAVID HOGARTH, Case No. 2:21-cv-251-KJD-EJY

6 Petitioner, v. ORDER 7 CALVIN JOHNSON, et al., 8 Respondents. 9 10 Petitioner Arlyn David Hogarth commenced this habeas action by filing a Petition for Writ 11 of Habeas Corpus (ECF No. 1-1). The Court appointed counsel and entered a scheduling order. 12 ECF No. 37. In April 2024, the Court granted Petitioner’s motion to stay case pending exhaustion 13 of unexhausted claims in state district court. ECF No. 50. Respondents have now moved to vacate 14 the stay and reopen the proceedings to allow Respondents to file a suggestion of death on the 15 record indicating that Petitioner died on March 3, 2026. ECF No. 53. 16 The Court may entertain a state prisoner’s Petition for Writ of Habeas Corpus only on the 17 ground that he is “in custody in violation of the Constitution or laws or treaties of the United 18 States.” 28 U.S.C. § 2254(a). A petitioner’s death renders the habeas petition moot. See Dove v. 19 United States, 423 U.S. 325 (1976) (per curiam) (dismissing petition for a writ of certiorari from 20 appellate decision in criminal proceedings upon petitioner’s death); Farmer v. McDaniel, 692 21 F.3d 1052 (9th Cir. 2012) (upon notice of petitioner’s death, appeal dismissed as moot and case 22 remanded to district court to dismiss habeas petition as moot); Garceau v. Woodford, 399 F.3d 23 1101 (9th Cir. 2005) (“Because petitioner’s death renders this case moot, the petition for a writ 24 of habeas corpus should be dismissed as moot.”); Griffey v. Lindsey, 349 F.3d 1157 (9th Cir. 25 2003) (same). 26 Petitioner’s death constitutes an end to his detention; thus, this action no longer presents a 27 live case or controversy. Accordingly, the Petition challenging his state conviction is now moot. 28 ] IT IS THEREFORE ORDERED that Respondents’ Motion to Vacate Stay and Reopen 2 || Habeas Corpus Proceedings (ECF No. 52) is granted. 3 It is further ordered that Petitioner Arlyn David Hogarth’s Petition for Writ of Habeas 4 || Corpus (ECF No. 5) is dismissed without prejudice as moot, on account of Petitioner’s death. 5 It is further ordered that the Clerk of the Court is directed to close this case and enter 6 || judgment accordingly. 7 DATED: April 15, 2026 NN

9 KENTJ.DAWSON sis” 10 UNITED STATES DISTRICT JUDGE

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