(HC) Martinez v. Pollard ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL JOSEPH MARTINEZ, No. 2:20-cv-02348 GGH P 12 Petitioner, 13 v. ORDER 14 MARCUS POLLARD, Warden, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding in pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. On January 4, 2021, the court received a letter written from another 19 inmate, Doyle Wayne Davis, regarding petitioner’s death. ECF No. 12. The undersigned issued an 20 order directing the respondent to confirm whether petitioner is deceased. ECF No. 13. Respondent has 21 filed a response and has confirmed the death of petitioner. ECF No. 16. Respondent has also included 22 //// 23 //// 24 //// 25 //// 26 //// 27 //// 28 //// 1 documentation from the state prison confirming petitioner’s death on December 28, 2020. ECF No. 2 16-1. Because petitioner’s death renders this case moot, petitioner’s application for a writ of habeas 3 corpus will be dismissed. Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 2005). 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Petitioner’s application for a writ of habeas corpus is hereby DISMISSED as moot in light of 6 petitioner’s death during the pendency of this action; and 7 2. This case is closed. 8 Dated: January 20, 2021 /s/ Gregory G. Hollows 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28