Hawkins v. Wong
Filing
282
ORDER signed by Magistrate Judge Jeremy D. Peterson on 10/15/2020 ORDERING Petitioner's counsel to file a notice confirming or denying Petitioner's death within 30 days of this order's entry and ORDERING if the notice confirms Petitioner's death, counsel should also submit a copy of Petitioner's death certificate. (Henshaw, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JEFFREY JAY HAWKINS,
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Petitioner,
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v.
RON DAVIS,
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Case No. 2:96-cv-01155-TLN-JDP (DP)
ORDER DIRECTING PETITIONER’S
COUNSEL TO NOTIFY COURT AS TO
WHETHER PETITIONER IS DECEASED
NOTICE DUE WITHIN THIRTY DAYS
Respondent.
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Media reports state that petitioner died in July 2020 after contracting Covid-19. See, e.g.,
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Rosalio Ahumada and Sam Stanton, San Quentin Death Row Inmate Convicted in Sacramento
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County Dies of Covid-19, Sac. Bee, Jul. 15, 2020. 1 Within thirty days of this order’s entry,
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petitioner’s counsel shall file a notice that confirms or denies petitioner’s death. If the notice
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confirms his death, counsel should also submit a copy of his death certificate. Only a person who
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is “in custody pursuant to the judgment of a State court” can bring a habeas petition under section
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2254. 28 U.S.C. § 2254(a). Accordingly, if petitioner is deceased, this action will need to be
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dismissed. See Porras v. Yates, No. CV F 05-00284 OWW DLB HC, 2006 U.S. Dist. LEXIS
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64903, *3, 2006 WL 2520286 (E.D. Cal. Aug. 29, 2006) (“Petitioner is now deceased, he is no
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longer ‘in custody’ and cannot challenge his conviction, and the petition is moot.”).
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Available online at: https://www.sacbee.com/news/coronavirus/article244259862.html.
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IT IS SO ORDERED.
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Dated: October 15, 2020
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