Opinion
1:21-cv-01094-ADA-HBK (HC)
12-07-2022
ALFRED R. SOSA, Petitioner, v. WARDEN OF CORCORAN STATE PRISON, Respondent.
ORDER THIRTY DAY DEADLINE
HELENA M. BARCH-KUCHTAM, UNITED STATES MAGISTRATE JUDGE
On November 22, 2022 the Court issued findings and recommendations to deny Petitioner's motion to stay and dismiss his Petition. (Doc. No. 23). On December 2, 2022, the findings and recommendations served on Petitioner were returned by the U.S. Postal Service as “undeliverable deceased.” (See docket). If Petitioner is deceased, the Court must dismiss this action. See Burbine v. Scribner, 445 Fed.Appx. 923 (9th Cir. 2011) (death of petitioner moots habeas appeal). Accordingly, it is ORDERED:
The Office of the Attorney General shall determine whether Petitioner is, in fact, deceased. If so, within thirty (30) days from the date of this order, an attorney from that office shall file a notice of death.