(HC) Sosa v. Corcoran State Prison

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALFRED R. SOSA, Case No. 1:21-cv-01094-ADA-HBK (HC) 12 Petitioner, ORDER 13 v. THIRTY DAY DEADLINE 14 WARDEN OF CORCORAN STATE PRISON, 15 6 Respondent. 17 On November 22, 2022 the Court issued findings and recommendations to deny 18 || Petitioner’s motion to stay and dismiss his Petition. (Doc. No. 23). On December 2, 2022, the 19 | findings and recommendations served on Petitioner were returned by the U.S. Postal Service as 20 || “undeliverable deceased.” (See docket). If Petitioner is deceased, the Court must dismiss this 21 | action. See Burbine v. Scribner, 445 F. App’x 923 (9th Cir. 2011) (death of petitioner moots 22 || habeas appeal). Accordingly, it is ORDERED: 23 The Office of the Attorney General shall determine whether Petitioner is, in fact, 24 || deceased. If so, within thirty (30) days from the date of this order, an attorney from that office 25 | shall file a notice of death. | Dated: _ December 7, 2022 Mile. Wh fareh Zaskth 7 HELENA M. BARCH-KUCHTA 98 UNITED STATES MAGISTRATE JUDGE