Zakouto v. Baca

D. Nevada

Zakouto v. Baca

DecidedMay 8, 2023

Docket3:17-cv-00046

StatusUnknown

This text of Zakouto v. Baca (Zakouto v. Baca) 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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Zakouto v. Baca, (D. Nev. 2023).

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3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 VITALY ZAKOUTO, Case No. 3:17-cv-00046-LRH-VPC

6 Petitioner, ORDER v. 7 ISIDRO BACA, et al., 8 Respondents. 9 10 Petitioner Vitaly Zakouto filed an application to proceed in forma pauperis (ECF No. 1) 11 submitted with his petition for writ of habeas corpus. On May 4, 2018, the Court stayed this matter 12 pending completion of state court appellate proceedings and this matter was administratively closed 13 until further order of the Court. (ECF No. 17.) Respondents have now filed a suggestion of death 14 on the record indicating that Zakouto died on April 25, 2023. (ECF No. 27.) The Nevada 15 Department of Corrections’ (“NDOC”) online records1 confirm that Zakouto is deceased. 16 The Court may entertain a state prisoner’s petition for writ of habeas corpus only on the 17 ground that he is “in custody in violation of the Constitution or laws or treaties of the United States.” 18 28 U.S.C. § 2254(a). A petitioner’s death renders the habeas petition moot. See Dove v. United 19 States, 423 U.S. 325 (1976) (per curiam) (dismissing petition for a writ of certiorari from appellate 20 decision in criminal proceedings upon petitioner’s death); Farmer v. McDaniel, 692 F.3d 1052 (9th 21 Cir. 2012) (upon notice of petitioner’s death, appeal dismissed as moot and case remanded to 22 district court to dismiss habeas petition as moot); Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 23 2005) (“Because petitioner’s death renders this case moot, the petition for a writ of habeas corpus 24 should be dismissed as moot.”); Griffey v. Lindsey, 349 F.3d 1157 (9th Cir. 2003) (same). 25 26

27 1 The 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 at: 28 https://ofdsearch.doc.nv.gov 1 Zakouto’s death constitutes an end to his detention; thus, this action no longer presents a 2 || live case or controversy. Accordingly, the petition challenging his unconstitutional confinement is 3 || now moot. 4 IT IS THEREFORE ORDERED that Respondents’ Motion to Lift Stay (ECF No. 26) is 5 || granted. The Clerk of the Court is instructed to re-open this case. 6 IT IS FURTHER ORDERED that Petitioner Vitaly Zakouto’s petition for writ of habeas 7 || corpus (ECF No. 1-1) is dismissed without prejudice as moot, on account of Zakouto’s death. 8 The Clerk of the Court is instructed to close this case and enter judgment accordingly. 9 IT IS SO ORDERED. 10 DATED THIS 8" day of May, 2023. 11 12 R. HICKS 43 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 VITALY ZAKOUTO, Case No. 3:17-cv-00046-LRH-VPC

6 Petitioner, ORDER v. 7 ISIDRO BACA, et al., 8 Respondents. 9 10 Petitioner Vitaly Zakouto filed an application to proceed in forma pauperis (ECF No. 1) 11 submitted with his petition for writ of habeas corpus. On May 4, 2018, the Court stayed this matter 12 pending completion of state court appellate proceedings and this matter was administratively closed 13 until further order of the Court. (ECF No. 17.) Respondents have now filed a suggestion of death 14 on the record indicating that Zakouto died on April 25, 2023. (ECF No. 27.) The Nevada 15 Department of Corrections’ (“NDOC”) online records1 confirm that Zakouto is deceased. 16 The Court may entertain a state prisoner’s petition for writ of habeas corpus only on the 17 ground that he is “in custody in violation of the Constitution or laws or treaties of the United States.” 18 28 U.S.C. § 2254(a). A petitioner’s death renders the habeas petition moot. See Dove v. United 19 States, 423 U.S. 325 (1976) (per curiam) (dismissing petition for a writ of certiorari from appellate 20 decision in criminal proceedings upon petitioner’s death); Farmer v. McDaniel, 692 F.3d 1052 (9th 21 Cir. 2012) (upon notice of petitioner’s death, appeal dismissed as moot and case remanded to 22 district court to dismiss habeas petition as moot); Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 23 2005) (“Because petitioner’s death renders this case moot, the petition for a writ of habeas corpus 24 should be dismissed as moot.”); Griffey v. Lindsey, 349 F.3d 1157 (9th Cir. 2003) (same). 25 26

27 1 The 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 at: 28 https://ofdsearch.doc.nv.gov 1 Zakouto’s death constitutes an end to his detention; thus, this action no longer presents a 2 || live case or controversy. Accordingly, the petition challenging his unconstitutional confinement is 3 || now moot. 4 IT IS THEREFORE ORDERED that Respondents’ Motion to Lift Stay (ECF No. 26) is 5 || granted. The Clerk of the Court is instructed to re-open this case. 6 IT IS FURTHER ORDERED that Petitioner Vitaly Zakouto’s petition for writ of habeas 7 || corpus (ECF No. 1-1) is dismissed without prejudice as moot, on account of Zakouto’s death. 8 The Clerk of the Court is instructed to close this case and enter judgment accordingly. 9 IT IS SO ORDERED. 10 DATED THIS 8" day of May, 2023. 11 12 R. HICKS 43 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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