(HC) Sosa v. Corcoran State Prison ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALFRED R. SOSA, Case No. 1:21-cv-01094-ADA-HBK (HC) 12 Petitioner, FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION 13 v. 14 WARDEN OF CORCORAN STATE PRISON, FOURTEEN-DAY OBJECTION PERIOD 15 Respondent. 16 17 On December 7, 2022, the Court directed the Office of the Attorney General to determine 18 whether Petitioner was deceased after the undersigned’s findings and recommendations to dismiss 19 his Petition were returned by the U.S. Postal Service as “undeliverable deceased.” (Doc. No. 24). 20 The Office of the Attorney General filed a notice advising that Petitioner died on December 23, 21 2021. (Doc. No. 25). Based upon the Notice, the undersigned recommends this action be 22 dismissed. See Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 2005) (finding death of Petitioner 23 mooted habeas appeal); see also Spencer v. Kemna, 523 U.S. 1, 7 (1998) (holding that when a 24 habeas petitioner is no longer incarcerated, the habeas petition is moot absent “collateral 25 consequences”). 26 Accordingly, it is RECOMMENDED that this action be dismissed as having been 27 rendered moot by Petitioner’s death. 28 //// 1 NOTICE TO PARTIES 2 These findings and recommendations will be submitted to the United States district judge 3 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) 4 | days after being served with these findings and recommendations, a party may file written 5 || objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 6 | Findings and Recommendations.” Parties are advised that failure to file objections within the 7 || specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 8 | 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 9 Dated: _ January 25,2023 Wiha Th fares Zack 11 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28