Opinion
Civil No: 06-CV-10604-DT.
November 2, 2006
OPINION ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS AS MOOT
Petitioner, Ray A. Eddington, filed a pro se petition for a writ of habeas corpus on February 10, 2006, pursuant to 28 U.S.C. § 2254, arguing that he was incarcerated in violation of his constitutional rights. In his pro se petition, Petitioner challenged his convictions for assault with intent to commit murder, felony firearm, and being a fourth habitual offender. Respondent has filed a "Suggestion of Death," in which Respondent requests that the Court dismiss the petition as moot on the ground that Petitioner is now deceased. The death of an inmate during the pendency of his habeas petition renders the habeas action moot and deprives the federal court of jurisdiction over the case. Griffey v. Lindsey, 349 F. 3d 1157, 1157 (9th Cir. 2003); Figueroa v. Rivera, 147 F. 3d 77, 82 (1st Cir. 1998); Knapp v. Baker, 509 F. 2d 922, 922 (5th Cir. 1975); In Re Kravitz, 504 F. Supp. 43, 52 (M.D. Pa. 1980). Based upon the foregoing, the Court concludes that Petitioner's habeas claims have been rendered moot by his death on June 11, 2006.
Accordingly,
IT IS ORDERED that the petition for writ of habeas of corpus is DISMISSED AS MOOT.