Hoppe v. Griffin

4 Citing cases

  1. Ruiz v. Superintendent

    9:18-CV-1129 (MAD/CFH) (N.D.N.Y. Jan. 11, 2022)

    See Grant v. Gonyea, No. 1:18-CV-7720, 2021 WL 1422811, at *1 (S.D.N.Y. Mar. 8, 2021); Hoppe v. Griffin, No. 9:17-CV-0170 (JKS), 2019 WL 227388, at *3-*4 (N.D.N.Y. Jan. 16, 2019); Muller v. Hofmann, No. 1:06-CV-0118, 2006 WL 3526921, at *1 (D.Vt. Dec. 5, 2006).

  2. Mosquero v. Graham

    16-CV-6469 (MKB) (TAM) (E.D.N.Y. Jul. 21, 2021)

    Accordingly, because Petitioner is no longer in custody as required by 28 U.S.C. § 2241(c), and there is no relief that may be granted to him, the Court dismisses the petition as moot. See Grant v. Gonyea, No. 18-CV-7720, 2021 WL 1422811, at *2 (S.D.N.Y. Mar. 8, 2021) (dismissing the petition because the petitioner's “death necessarily means that he is no longer ‘in custody.'” (quoting 28 U.S.C. § 2254(a))); Hoppe v. Griffin, No. 17-CV-00170, 2019 WL 227388, at *4 (N.D.N.Y. Jan. 16, 2019) (finding that the petition was rendered moot “[b]ecause [the petitioner's] death necessarily means that there is no relief that the [c]ourt can grant to him” (citing Calderon v. Moore, 518 U.S. 149, 150 (1996))); Zaker v. Artus, No. 04-CV-886, 2007 WL 1521621, at *1 (W.D.N.Y. May 22, 2007) (same) (citing Calderon, 518 U.S. at 150); accord Keitel v. Mazurkiewicz, 729 F.3d 278, 280 (3d Cir. 2013) (dismissing as moot habeas petition because petitioner died after submission of the case for decision). The Court also denies a certificate of appealability as to all claims.

  3. Grant v. Gonyea

    18 Civ. 7720 (JPC) (S.D.N.Y. Mar. 7, 2021)   Cited 3 times

    At least one court in this District also dismissed a habeas petition as moot when the petitioner died before the district court issued its decision. See Rivera v. Pearlman, No. 02 Civ. 2399 (LAK), 2004 WL 533333, at *1 (S.D.N.Y. Mar. 16, 2004); see also Hoppe v. Griffin, No. 17 Civ. 170 (JKS), 2019 WL 227388, at *3-4 (N.D.N.Y. Jan. 16, 2019) (same); Muller v. Hofmann, No. 06 Civ. 118 (JGM), 2006 WL 3526921, at *1 (D. Vt. Dec. 5, 2006) (same). With no controlling authority on point, the Court looks to other Circuits.

  4. Nunez v. Miller

    15-CV-1369 (KAM) (E.D.N.Y. Apr. 23, 2020)

    Therefore, the Petition is rendered moot and must be dismissed. See Hoppe v. Griffin, No. 9:17-cv-00170-JKS, 2019 WL 227388, at *4 (N.D.N.Y. Jan. 16, 2019); Rivera v. Pearlman, No. 02 Civ. 2399(LAK), 2004 WL 533333, at *1 (S.D.N.Y. Mar. 16, 2004); accord Keitel v. Mazurkiewicz, 729 F.3d 278, 280 (3d Cir. 2013) (dismissing as moot habeas petition of petitioner who had died after submission of the case for decision); Garceau v. Woodford, 399 F.3d 1101, 1101 (9th Cir. 2005) (same). Respondent failed to notify the Court of petitioner's death.