Junkin v. Hill

Filing 19

ORDER DISMISSING CASE signed by District Judge Troy L. Nunley on 11/14/18. CASE CLOSED (Coll, A)

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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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No. 2:18-cv-00290-TLN-DB

Petitioner,
v.

ORDER

RICK HILL,
Respondent.

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The Office of the Attorney General has filed a notice in this action that Petitioner died on

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April 30, 2018. (ECF No. 18.) Accordingly, this action is dismissed. See United States v.

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Oberlin, 718 F.2d 894, 896 (9th Cir. 1983) (“[A]ctions upon penal statutes do not survive the

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death of the wrongdoer.”); Burbine v. Scribner, 445 F. App’x 923, 924 (9th Cir. 2011) (finding

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that death of petitioner mooted habeas appeal); see also Spencer v. Kemna, 523 U.S. 1, 7 (1998)

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(holding that when a habeas petitioner is no longer incarcerated, the habeas petition is moot

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absent “collateral consequences”).

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IT IS SO ORDERED.
Dated: November 14, 2018

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Troy L. Nunley
United States District Judge
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