(HC) Harris v. Hill ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Colleen Ann Harris, No. 2:18-cv-359 KJM AC 12 Petitioner, ORDER 13 Vv. 14 | Molly Hill, 1S Respondent. 16 17 Petitioner is a state prisoner with a pending petition for a writ of habeas corpus. See First 18 | Am. Pet., ECF No. 23. Petitioner’s counsel notified the court that on June 24, 2022, petitioner 19 | died in San Bernardino, California, in the Chino Valley Medical Center. See Cal. Inst. Women 20 | Letter, Status Rep., ECF No. 42-1; Status Rep., ECF No. 41. Respondent has confirmed it no 21 | longer has custody of the petitioner and stipulates to dismissal of the case without prejudice. 22 | Notice, ECF No. 43. 23 Federal courts have jurisdiction over cases and controversies. U.S. Const. art. III, § 2. “A 24 | case becomes moot—and therefore no longer a ‘Case’ or ‘Controversy’ for purposes of 25 | Article I1J]—‘when the issues presented are no longer ‘live’ or the parties lack a legally cognizable 26 | interest in the outcome.’” Already, LLC v. Nike, Inc., 568 U.S. 85, 91 (2013) (quoting Murphy 27 | v. Hunt, 455 U.S. 478, 481 (1982) (per curiam)). In a habeas proceeding, the petitioner seeks 28 | “immediate release from custody, [which] is unique to the petitioner himself and cannot be 1 | transferred.” Germino v. Marshall, No. 08-3010, 2020 WL 5393907, at *1 (E.D. Cal. Dec. 21, 2 | 2010). “Because petitioner’s death renders this case moot, the petition for writ of habeas corpus 3 | should be dismissed as moot.” Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 2005). 4 In light of the petitioner’s death during the pendency of this action, the petitioner’s 5 | application for a writ of habeas corpus is dismissed as moot. This case is closed. 6 This order resolves ECF No. 23. 7 IT IS SO ORDERED. 8 DATED: October 11, 2022. (] 9 ( ti / { q_/ CHIEF NT] ED STATES DISTRICT JUDGE 45