Santiago v. CSC (DOC)

Opinion

IN THE SUPERIOR COURT OF GUAM

2 3 In the Matter of: ) SPECIAL PROCEEDINGS CASE NO:: ) SP0093-12 4 ABRAHAM Q. SANTIAGO, ) ) DECISION & ORDER 5 Petitioner, ) (Motion to Dismiss) 6 vs. ) ) 7 CIVIL SERVICE COMMISSION, ) ) 8 Respondent, ) 9 ~d ) ) 10 DEPARTMENT OF CORRECTIONS, ) ) 11 Real Party in Interest ) 12

13 This Matter came before the HONORABLE MARIA T. CENZON on March 6, 2013 on

14 Petitioner's Amended Petition for Judicial Review. Mr. D~ Somerfleck represented petitioner. 15 Civil Service Commission was represented by Ms. Sophia S~tos Diaz. Asst. Attorney Donna 16 Lawrence represented Department of Corrections. 17

18 At the hearing, Counsel for Petitioner informed the Court that his client died on

19 December 30, 2012 ~d that he is unsure of how to proceed. Subsequently, on March 11, 2013, 20 Petitioner's counsel submitted a declaration attesting that the Petitioner's sister confirmed that 21 the inst~t matter should be dismissed ~d that there was no information or guid~ce from ~y 22 administrator for Petitioner's estate, if ~y. 23 24 Counsel for Petitioner attempted to contact the Administrator of his client's estate, but

25 he was informed by Decedent's next of kin that they did not intend to administer the estate at 26 this time. Counsel for Respondent moved to dismiss the case on the basis of Petitioner's death. 27 Court ordered Counsel for Petitioner to file a declaration as to Petitioner's death and ordered 28

-Page I of3- Respondent to file its motion. Counsels for Petitioner and Respondent filed their respective

2 pleadings on March 11,2013.

3 Courts have jurisdiction to hear cases and controversies. U.S. Const. Art. III, § 2. The 4 issues in a case must remain "live" throughout all stages of the proceeding. Burbine v. Scribner, 5 445 Fed. App'x. 923 C.A. 9 (Cal.2011) (citing Lewis v. Continental Bank Corp., 494 U.S. 472, 6 477-78. An action becomes moot when the issues are no longer "live," meaning, "the parties lack 7

8 a legally cognizable interest in the outcome." /d. (citing Powell v. McCormack, 395 U.S. 486,

9 496). 10 When a petitioner's death precedes the issuance of judgment in a special proceeding, II courts have found that the petition is denied as moot, and a motion to dismiss should be granted. 12

13 Giffery v. Lindsay, 349 F.3d 1157 (finding petition for a writ of habeas corpus should be

14 dismissed as moot);see also Gornto v. MacDougall, 482 F.2d 361,361 (5th Cir.1973) (per 15 curiam) (vacating as moot published opinion where habeas appeal was argued and submitted 16 prior to Petitioner's death but where opinion was filed after Petitioner's death); see also McMann 17 v. Ross, 396 U.S. 118, 118, 90S. Ct. 395, 24 L.Ed.2d 303 (1969) (per curiam); Hillman v. 18

19 McCaughtry, 14 F.3d 350,350-51 (7th Cir.1994) (per curiam); Knapp v. Baker, 509 F.2d 922,

20 922-23 (5th Cir.l975) (per curiam); Hann v. Hawk, 205 F.2d 839, 839-40 (8th Cir.1953) (per 21 curiam), reh'g denied, 207 F.2d 82 (8th Cir.l953). Petitioner's death renders this case moot. 22 Garceau v. Woodford, 399 F.3d 1101, 1101 (9th Cir.2005). 23 Further, Petitioner's requested relief is expungement, back pay, benefits and attorney's 24

25 fees and costs. Relief of expungement, and other forms of relief typical of special proceedings

26 cases such as unlawful detention or release from probation requirements, are personal remedies, 27 "unique to the Petitioner himself and cannot be transferred." Pennewell v. Carey, No. 2:06- 28

-Page 2 of3- cv0598 JKS EFB, 2008 WL 1860166, at *I (E.D.Cal. Apr.23, 2008). In other words, the claims

2 are extinguished upon Petitioner's death and no party can be substituted for him. !d. Thus, even

3 if Petitioner's heirs wished to pursue the claims of the estate, the request for expungment would 4 not survive Petitioner's death. 5 Therefore, it is hereby ORDERED that the matter is DISMISSED as moot because there 6 is no longer a live case and controversy or relief that can be granted. All subsequent trial dates 7

8 for pending actions related to this matter are vacated.

10 IT IS SO ORDERED this qil' day of April2013. 11 12

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