Brewer v. Johnson

Opinion

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 ARTHUR J. BREWER, Case No. 2:20-cv-00991-KJD-EJY

6 Petitioner, v. ORDER 7 WARDEN CALVIN JOHNSON, et al., 8 Respondents. 9 10 Petitioner Arthur J. Brewer filed a Petition for Writ of Habeas Corpus under 28 U.S.C. 11 § 2254 challenging a conviction in Nevada’s Eighth Judicial District, Court Clark County, Nevada. 12 (ECF Nos. 1-1; 33; 38-21.) Respondents have filed a suggestion of death indicating that Brewer 13 died on July 26, 2022. (ECF No. 59.) The Nevada Department of Corrections’ (“NDOC”) online 14 records1 confirm Brewer is now deceased. 15 The Court may entertain a state prisoner’s petition for writ of habeas corpus only on the 16 ground that he is “in custody in violation of the Constitution or laws or treaties of the United 17 States.” 28 U.S.C. § 2254(a). A petitioner’s death renders the habeas petition moot. See Dove v. 18 United States, 423 U.S. 325, 325 (1976) (per curiam) (dismissing petition for a writ of certiorari 19 from appellate decision in criminal proceedings upon petitioner’s death); Farmer v. McDaniel, 20 692 F.3d 1052 (9th Cir. 2012) (upon notice of petitioner’s death, appeal dismissed as moot and 21 case remanded to district court to dismiss habeas petition as moot); Garceau v. Woodford, 399 22 F.3d 1101 (9th Cir. 2005) (“Because petitioner’s death renders this case moot, the petition for a 23 writ of habeas corpus should be dismissed as moot.”); Griffey v. Lindsey, 349 F.3d 1157 (9th Cir. 24 2003) (same). 25 Brewer’s death constitutes an end to his detention. Thus, this action no longer presents a 26 live case or controversy. Accordingly, Brewer’s petition challenging his alleged unconstitutional 27

28 1 https://ofdsearch.doc.nv.gov/ 1 confinement is now moot. 2 IT IS THEREFORE ORDERED that Brewer’s First Amended Petition for Writ of 3 Habeas Corpus (ECF No. 33) is DISMISSED WITHOUT PREJUDICE as moot, on account of 4 Brewer’s death. 5 IT IS FURTHER ORDERED that the Clerk of the Court is instructed to CLOSE THIS 6 CASE and ENTER JUDGMENT accordingly. 7 DATED: September 23, 2022

9 KENT J. DAWSON UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28