(HC) (DP) Hawkins v. Chappell ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY JAY HAWKINS, Case No. 2:96-cv-01155-TLN-JDP (DP) 12 Petitioner, ORDER DIRECTING PETITIONER’S COUNSEL TO NOTIFY COURT AS TO 13 v. WHETHER PETITIONER IS DECEASED 14 RON DAVIS, NOTICEDUE WITHIN THIRTYDAYS 15 Respondent. 16 17 Media reports state that petitioner died in July 2020 after contracting Covid-19. See,e.g., 18 Rosalio Ahumada and Sam Stanton, San Quentin Death Row Inmate Convicted in Sacramento 19 County Dies of Covid-19, Sac. Bee, Jul. 15, 2020.1 Within thirty days of this order’s entry, 20 petitioner’s counsel shall file a notice that confirms or denies petitioner’s death. If the notice 21 confirms his death, counsel should also submit a copy of his death certificate. Only a person who 22 is “in custody pursuant to the judgment of a State court” can bring a habeas petition under section 23 2254. 28 U.S.C. § 2254(a). Accordingly, if petitioner is deceased, this action will need to be 24 dismissed. See Porras v. Yates,No.CV F 05-00284 OWW DLB HC, 2006 U.S. Dist. LEXIS 25 64903, *3, 2006 WL 2520286 (E.D. Cal. Aug. 29, 2006) (“Petitioner is now deceased, he is no 26 longer ‘in custody’and cannot challenge his conviction, and the petition is moot.”). 27 28 1 Available online at: https://www.sacbee.com/news/coronavirus/article244259862.html. 1 | ITIS SO ORDERED. 2 | Dated: October 15, 2020 3 —\N ppnsnn Caden — 4 STATE GISTRATE JUDGE 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28