Chiesa v. CDCR et al

Filing 3

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 2/2/15 ORDERING that the Clerk of Court randomly assign a district judge to this case. It is RECOMMENDED that the instant petition be dismissed as moot and this case closed. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PETER CHIESA,

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Petitioner,

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No. 2:15-cv-0094 DAD P

v.

ORDER AND

CDCR, et al.

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FINDINGS AND RECOMMENDATIONS
Respondents.

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On January 13, 2015, petitioner’s wife initiated this action under 28 U.S.C. § 2254,

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seeking an order of “compassionate release” on behalf of her husband, Peter Chiesa, who was at

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the time a state prisoner incarcerated at Salinas Valley State Prison (SVSP).1 The petition signed

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by Donna Chiesa, which is dated January 12, 2015, states that Peter Chiesa was at that time in a

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coma and on life support. (Pet. (Doc. No. 1) at 3.) It also stated that as of January 12, he “[was]

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on his death bed, and not expected to make it through the week.” (Id. at 5.)
On January 30, 2015, court staff contacted the California Department of Corrections and

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Rehabilitation (CDCR) to obtain an update on petitioner’s status. A representative with CDCR’s

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inmate locator service responded that petitioner is now deceased.

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The petition states that Peter Chiesa was convicted in 2004 of second-degree murder and
sentenced in Calaveras County Superior Court. Calaveras County is within the Eastern District of
California. Therefore this court has jurisdiction to entertain this application for habeas relief. 28
U.S.C. § 2241(d).
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A petition for writ of habeas corpus is rendered moot when the petitioner passes away.

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See Griffey v. Lindsey, 349 F.3d 1157 (9th Cir. 2003); Trainer v. Carey, No. 2:05-cv-1442-JKS-

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GGH, 2007 WL 4209319 at *1 (E.D. Cal. Nov. 28, 2007). “Because petitioner’s death renders

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this case moot, the petition for writ of habeas corpus should be dismissed as moot.” Garceau v.

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Woodford, 399 F.3d 1101 (9th Cir.2005).

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Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a
district judge to this case.

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IT IS RECOMMENDED that the instant petition be dismissed as moot and this case
closed.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” In his objections petitioner

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may address whether a certificate of appealability should issue in the event he files an appeal of

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the judgment in this case. See Rule 11, Federal Rules Governing Section 2254 Cases (the district

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court must issue or deny a certificate of appealability when it enters a final order adverse to the

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applicant). Any response to the objections shall be served and filed within fourteen days after

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service of the objections. The parties are advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).2

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Dated: February 2, 2015

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hm
chie0094.dism

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The petition provides a return address for “Peter Chiesa and Donna Chiesa” at a post office box
in Wallace, California. SVSP is located in Soledad, California. The undersigned concludes that
the post office box provided on the petition is one maintained by Mrs. Chiesa. There is no
indication that Mrs. Chiesa is a licensed attorney or otherwise had the legal capacity to bring a
habeas action on her husband’s behalf, but petitioner’s death moots the question of her ability to
do so. Furthermore, the court ordinarily sends its orders and correspondence in a habeas action
only to a petitioner’s prison address or to his legal counsel’s business address. However, in this
case the court will also direct the Clerk of the Court to serve this order and recommendation at the
P.O. Box provided by Mrs. Chiesa, presumably a private address for one other than petitioner or
his counsel.
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