Perry Allison Hood v. Fernandeis Frazier, et al.

D. Nevada

Perry Allison Hood v. Fernandeis Frazier, et al.

DecidedSeptember 30, 2025

Docket3:22-cv-00486

StatusUnknown

This text of Perry Allison Hood v. Fernandeis Frazier, et al. (Perry Allison Hood v. Fernandeis Frazier, et al.) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Perry Allison Hood v. Fernandeis Frazier, et al., (D. Nev. 2025).

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2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 Perry Allison Hood, Case No. 3:22-cv-00486-ART-CSD 5 Petitioner, Order Dismissing Petition 6 v.

7 Fernandeis Frazier, et al.,

8 Respondents.

9 This is Petitioner Perry Allison Hood’s 28 U.S.C. § 2254 federal habeas 10 corpus action. Respondents have filed a Suggestion of Death of the Petitioner 11 pursuant to FRCP 25(a)(1). (ECF No. 36). They have attached an email from the 12 Nevada Department of Corrections (NDOC) confirming Petitioner’s death. (ECF 13 No. 36-1.)1 14 A state prisoner may challenge his conviction or sentence on the ground 15 that he is “in custody in violation of the Constitution or laws or treaties of the 16 United States.” § 2254(a). Petitioner’s death renders this case moot, so the 17 petition must be dismissed as moot. See Farmer v. McDaniel, 692 F.3d 1052 (9th 18 Cir. 2012); Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 2005); Griffey v. 19 Lindsey, 349 F.3d 1157 (9th Cir. 2003); see also Dove v. United States, 423 U.S. 20 325 (1976). 21 22 23 24 25 26 27 1 The NDOC online records also indicate that Petitioner has died. See 28 https://ofdsearch.doc.nv.gov. 1 It is therefore ordered that the petition is dismissed as moot. The Clerk of 2 || Court is directed to enter judgment accordingly and close this case. 3 4 Dated this 30th day of September 2025. 5 6 en Apo Hassel

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

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2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 Perry Allison Hood, Case No. 3:22-cv-00486-ART-CSD 5 Petitioner, Order Dismissing Petition 6 v.

7 Fernandeis Frazier, et al.,

8 Respondents.

9 This is Petitioner Perry Allison Hood’s 28 U.S.C. § 2254 federal habeas 10 corpus action. Respondents have filed a Suggestion of Death of the Petitioner 11 pursuant to FRCP 25(a)(1). (ECF No. 36). They have attached an email from the 12 Nevada Department of Corrections (NDOC) confirming Petitioner’s death. (ECF 13 No. 36-1.)1 14 A state prisoner may challenge his conviction or sentence on the ground 15 that he is “in custody in violation of the Constitution or laws or treaties of the 16 United States.” § 2254(a). Petitioner’s death renders this case moot, so the 17 petition must be dismissed as moot. See Farmer v. McDaniel, 692 F.3d 1052 (9th 18 Cir. 2012); Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 2005); Griffey v. 19 Lindsey, 349 F.3d 1157 (9th Cir. 2003); see also Dove v. United States, 423 U.S. 20 325 (1976). 21 22 23 24 25 26 27 1 The NDOC online records also indicate that Petitioner has died. See 28 https://ofdsearch.doc.nv.gov. 1 It is therefore ordered that the petition is dismissed as moot. The Clerk of 2 || Court is directed to enter judgment accordingly and close this case. 3 4 Dated this 30th day of September 2025. 5 6 en Apo Hassel

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

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