(HC) Harris v. Hill

E.D. California

(HC) Harris v. Hill

DecidedOctober 12, 2022

Docket2:18-cv-00359

StatusUnknown

This text of (HC) Harris v. Hill ((HC) Harris v. Hill) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Colleen Ann Harris, No. 2:18-cv-359 KJM AC 12 Petitioner, ORDER 13 Vv. 14 | Molly Hill, 1S Respondent. 16 17 Petitioner is a state prisoner with a pending petition for a writ of habeas corpus. See First 18 | Am. Pet., ECF No. 23. Petitioner’s counsel notified the court that on June 24, 2022, petitioner 19 | died in San Bernardino, California, in the Chino Valley Medical Center. See Cal. Inst. Women 20 | Letter, Status Rep., ECF No. 42-1; Status Rep., ECF No. 41. Respondent has confirmed it no 21 | longer has custody of the petitioner and stipulates to dismissal of the case without prejudice. 22 | Notice, ECF No. 43. 23 Federal courts have jurisdiction over cases and controversies. U.S. Const. art. III, § 2. “A 24 | case becomes moot—and therefore no longer a ‘Case’ or ‘Controversy’ for purposes of 25 | Article I1J]—‘when the issues presented are no longer ‘live’ or the parties lack a legally cognizable 26 | interest in the outcome.’” Already, LLC v. Nike, Inc., 568 U.S. 85, 91 (2013) (quoting Murphy 27 | v. Hunt, 455 U.S. 478, 481 (1982) (per curiam)). In a habeas proceeding, the petitioner seeks 28 | “immediate release from custody, [which] is unique to the petitioner himself and cannot be

1 | transferred.” Germino v. Marshall, No. 08-3010, 2020 WL 5393907, at *1 (E.D. Cal. Dec. 21, 2 | 2010). “Because petitioner’s death renders this case moot, the petition for writ of habeas corpus 3 | should be dismissed as moot.” Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 2005). 4 In light of the petitioner’s death during the pendency of this action, the petitioner’s 5 | application for a writ of habeas corpus is dismissed as moot. This case is closed. 6 This order resolves ECF No. 23. 7 IT IS SO ORDERED. 8 DATED: October 11, 2022. (] 9 ( ti / { q_/ CHIEF NT] ED STATES DISTRICT JUDGE

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Colleen Ann Harris, No. 2:18-cv-359 KJM AC 12 Petitioner, ORDER 13 Vv. 14 | Molly Hill, 1S Respondent. 16 17 Petitioner is a state prisoner with a pending petition for a writ of habeas corpus. See First 18 | Am. Pet., ECF No. 23. Petitioner’s counsel notified the court that on June 24, 2022, petitioner 19 | died in San Bernardino, California, in the Chino Valley Medical Center. See Cal. Inst. Women 20 | Letter, Status Rep., ECF No. 42-1; Status Rep., ECF No. 41. Respondent has confirmed it no 21 | longer has custody of the petitioner and stipulates to dismissal of the case without prejudice. 22 | Notice, ECF No. 43. 23 Federal courts have jurisdiction over cases and controversies. U.S. Const. art. III, § 2. “A 24 | case becomes moot—and therefore no longer a ‘Case’ or ‘Controversy’ for purposes of 25 | Article I1J]—‘when the issues presented are no longer ‘live’ or the parties lack a legally cognizable 26 | interest in the outcome.’” Already, LLC v. Nike, Inc., 568 U.S. 85, 91 (2013) (quoting Murphy 27 | v. Hunt, 455 U.S. 478, 481 (1982) (per curiam)). In a habeas proceeding, the petitioner seeks 28 | “immediate release from custody, [which] is unique to the petitioner himself and cannot be

1 | transferred.” Germino v. Marshall, No. 08-3010, 2020 WL 5393907, at *1 (E.D. Cal. Dec. 21, 2 | 2010). “Because petitioner’s death renders this case moot, the petition for writ of habeas corpus 3 | should be dismissed as moot.” Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 2005). 4 In light of the petitioner’s death during the pendency of this action, the petitioner’s 5 | application for a writ of habeas corpus is dismissed as moot. This case is closed. 6 This order resolves ECF No. 23. 7 IT IS SO ORDERED. 8 DATED: October 11, 2022. (] 9 ( ti / { q_/ CHIEF NT] ED STATES DISTRICT JUDGE

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