Lara v. Baker

Opinion

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 FRANCISCO A. LARA, Case No. 3:17-cv-00544-MMD-WGC

7 Petitioner, ORDER v. 8 WARDEN BAKER, et al., 9 Respondents. 10 11 Petitioner Francisco A. Lara filed an Amended Petition for Writ of Habeas Corpus 12 (ECF No. 16) under 28 U.S.C. § 2254, challenging a conviction in Nevada’s Eighth 13 Judicial District Court. Respondents have now filed a suggestion of death on the record 14 indicating that Lara died on December 22, 2020. (ECF No. 49.) The Nevada Department 15 of Corrections’ (“NDOC”) press release (id. at 6) and online records1 confirm that Lara is 16 deceased. 17 The Court may entertain a state prisoner’s petition for writ of habeas corpus only 18 on the ground that he is “in custody in violation of the Constitution or laws or treaties of 19 the United States.” 28 U.S.C. § 2254(a). A petitioner’s death renders the habeas petition 20 moot. See Dove v. United States, 423 U.S. 325 (1976) (per curiam) (dismissing petition 21 for a writ of certiorari from appellate decision in criminal proceedings upon petitioner’s 22 death); Farmer v. McDaniel, 692 F.3d 1052 (9th Cir. 2012) (upon notice of petitioner’s 23 death, appeal dismissed as moot and case remanded to district court to dismiss habeas 24 petition as moot); Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 2005) (“Because 25 petitioner’s death renders this case moot, the petition for a writ of habeas corpus should 26

27 1The Court takes judicial notice of Petitioner’s current status as reported in the NDOC’s online records. The inmate search tool may be accessed by the public online 28 1 || be dismissed as moot.”); Griffey v. Lindsey, 349 F.3d 1157 (9th Cir. 2003) (same). 2 Lara’s death constitutes an end to his detention; thus, this action no longer 3 || presents a live case or controversy. Accordingly, the amended petition challenging his 4 || alleged unconstitutional confinement is now moot. 5 It is therefore ordered that Petitioner Francisco A. Lara’s Amended Petition for Writ 6 || of Habeas Corpus (ECF No. 16) is dismissed without prejudice as moot, on account of 7 || Lara’s death. 8 The Clerk of the Court is instructed to close this case and enter judgment 9 || accordingly. 10 DATED THIS 12" Day of January 2021. 11 12 {LQ 13 AON MIRANDA M. DU 14 CHIEF UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28