Junkin v. Hill

Filing 17

ORDER signed by Magistrate Judge Deborah Barnes on 10/29/18 ORDERING the Office of the Attorney General shall determine whether petitioner is, in fact, deceased. If so, within 30 days from the date of this order, an attorney from that office shall file a notice of death. The clerk of the court is directed to serve this order on Supervising Deputy Attorney General, Monica Anderson. (cc: Monica Anderson, Attorney General) (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY JUNKIN,

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Petitioner,

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No. 2:18-cv-0290 TLN DB P

v.

ORDER

RICK HILL,

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Respondent.

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It has come to the court’s attention that petitioner in this habeas action is deceased. If that

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is the case, the court must dismiss this action. See United States v. Oberlin, 718 F.2d 894, 896

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(9th Cir.1983) (actions upon penal statutes do not survive wrongdoer's death); Burbine v.

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Scribner, 445 F. App’x 923 (9th Cir. 2011) (death of petitioner moots habeas appeal); see also

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Spencer v. Kemna, 523 U.S. 1, 7 (1998) (when a habeas petitioner is no longer incarcerated, the

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habeas petition is moot absent “collateral consequences”). The court will direct the Office of the

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Attorney General to look into this matter.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. The Office of the Attorney General shall determine whether petitioner is, in fact,

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deceased. If so, within thirty days from the date of this order, an attorney from that

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office shall file a notice of death.

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2. The Clerk of the Court is directed to serve this order on Supervising Deputy Attorney
General Monica Anderson.
Dated: October 29, 2018

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DLB:9
DLB1/prisoner-habeas/junk0290.notice of death

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