Opinion
6:12-cv-368-AA
07-30-2012
CHARLES STINNETT, Petitioner, v. ROB PERSSGN, Respondent.
ORDER
AIKEN, District Judge.
Respondent moves to dismiss this proceeding under 28 U.S.C. § 2254 on the grounds that it became moot upon petitioner's death. Motion to Dismiss (#20)
Respondent has submitted the ODOC Admission and Release History of Charles Stinnett which indicates that petitioner died on Tuesday, July 10, 2012, while in custody at the Oregon State Penitentiary. Exhibit 101.
A claim for habeas corpus relief becomes moot upon the petitioner's death. See, Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 2005}.
Respondent's Motion to Dismiss (#20) is allowed. This action is dismissed.
______________________
Ann Aiken
United State District Judge