Notaro v. DOC

W.D. Washington

Notaro v. DOC

DecidedOctober 1, 2019

Docket3:19-cv-05531

StatusUnknown

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

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Notaro v. DOC, (W.D. Wash. 2019).

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4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 5 AT TACOMA 6 NICHOLAS LOUIS NOTARO, CASE NO. C19-5531 BHS 7 Petitioner, ORDER DECLINING TO ADOPT 8 v. REPORT AND RECOMMENDATION AS MOOT 9 DEPARTMENT OF CORRECTIONS, AND DISMISSING CASE 10 Respondent. 11

12 This matter comes before the Court on the Report and Recommendation (“R&R”) 13 of the Honorable J. Richard Creatura, United States Magistrate Judge. Dkt. 4. On June 14 10, 2019, Petitioner Nicholas Notaro (“Petitioner”) filed a proposed federal habeas 15 petition pursuant to 28 U.S.C. § 2254. Dkts. 1, 1-1. On July 23, 2019, Judge Creatura 16 ordered Petitioner to submit a complete petition and pay the filing fee or submit the 17 proper form to proceed in forma pauperis by August 23, 2019. Dkt. 3. On September 10, 18 2019, Judge Creatura issued the instant R&R recommending dismissal because Petitioner 19 failed to respond. Dkt. 4. 20 The R&R was served on Petitioner’s address of record at Stafford Creek 21 Corrections Center, but on September 10, 2019, his mail was returned to the Court as 22 1 undeliverable. Dkt. 5. The docket entry corresponding to this event states that “[p]er staff 2 at Stafford Creek, [Petitioner] passed away 7/28/2019.” Id.

3 Petitioner’s death mooted his federal habeas petition. See Garceau v. Woodford, 4 399 F.3d 1101 (9th Cir. 2005) (“Because petitioner’s death renders this case moot, the 5 petition for writ of habeas corpus should be dismissed as moot.”); see also Dove v. 6 United States, 423 U.S. 325 (1976) (dismissing a certiorari petition because petitioner 7 had died); Griffey v. Lindsey, 349 F.3d 1157 (9th Cir. 2003) (dismissing a petition for 8 writ of habeas corpus as moot because petitioner had died). Therefore, the Court having

9 considered the R&R, the remaining record, and the docket for this case does hereby find 10 and order as follows: 11 (1) The R&R is DECLINED as moot; 12 (2) Petitioner’s federal habeas petition, Dkt. 1-1, is DISMISSED; and 13 (3) The Clerk shall close this case.

14 IT IS SO ORDERED. 15 Dated this 1st day of October, 2019. A 16 17 BENJAMIN H. SETTLE 18 United States District Judge

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4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 5 AT TACOMA 6 NICHOLAS LOUIS NOTARO, CASE NO. C19-5531 BHS 7 Petitioner, ORDER DECLINING TO ADOPT 8 v. REPORT AND RECOMMENDATION AS MOOT 9 DEPARTMENT OF CORRECTIONS, AND DISMISSING CASE 10 Respondent. 11

12 This matter comes before the Court on the Report and Recommendation (“R&R”) 13 of the Honorable J. Richard Creatura, United States Magistrate Judge. Dkt. 4. On June 14 10, 2019, Petitioner Nicholas Notaro (“Petitioner”) filed a proposed federal habeas 15 petition pursuant to 28 U.S.C. § 2254. Dkts. 1, 1-1. On July 23, 2019, Judge Creatura 16 ordered Petitioner to submit a complete petition and pay the filing fee or submit the 17 proper form to proceed in forma pauperis by August 23, 2019. Dkt. 3. On September 10, 18 2019, Judge Creatura issued the instant R&R recommending dismissal because Petitioner 19 failed to respond. Dkt. 4. 20 The R&R was served on Petitioner’s address of record at Stafford Creek 21 Corrections Center, but on September 10, 2019, his mail was returned to the Court as 22 1 undeliverable. Dkt. 5. The docket entry corresponding to this event states that “[p]er staff 2 at Stafford Creek, [Petitioner] passed away 7/28/2019.” Id.

3 Petitioner’s death mooted his federal habeas petition. See Garceau v. Woodford, 4 399 F.3d 1101 (9th Cir. 2005) (“Because petitioner’s death renders this case moot, the 5 petition for writ of habeas corpus should be dismissed as moot.”); see also Dove v. 6 United States, 423 U.S. 325 (1976) (dismissing a certiorari petition because petitioner 7 had died); Griffey v. Lindsey, 349 F.3d 1157 (9th Cir. 2003) (dismissing a petition for 8 writ of habeas corpus as moot because petitioner had died). Therefore, the Court having

9 considered the R&R, the remaining record, and the docket for this case does hereby find 10 and order as follows: 11 (1) The R&R is DECLINED as moot; 12 (2) Petitioner’s federal habeas petition, Dkt. 1-1, is DISMISSED; and 13 (3) The Clerk shall close this case.

14 IT IS SO ORDERED. 15 Dated this 1st day of October, 2019. A 16 17 BENJAMIN H. SETTLE 18 United States District Judge

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