Jablonski v. Ayers

Filing 74

ORDER DISMISSING CASE. Signed by Judge Susan Illston on 1/3/20. (tfS, COURT STAFF) (Filed on 1/6/2020)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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PHILLIP CARL JABLONSKI,

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Petitioner,

DEATH PENALTY CASE

v.
RONALD DAVIS, Warden of California
State Prison at San Quentin,

ORDER DISMISSING PETITION WITH
PREJUDICE DUE TO PETITIONER’S
DEATH

Respondent.

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United States District Court
Northern District of California

Case No. 3:07-cv-3302-SI

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Counsel for Petitioner has advised the court that Petitioner died on December 27, 2019. See

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Dkt. No. 73. The death of a habeas corpus petitioner renders the petition moot. See, e.g., Dove v.

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United States, 423 U.S. 325 (1976) (dismissing certiorari petition after being advised of petitioner’s

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death); Garceau v. Woodford, 399 F.3d 1101 (Mem.) (9th Cir. Mar. 3, 2005) (citing Griffey v.

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Lindsey, 349 F.3d 1157 (9th Cir. 2003) (“Because petitioner’s death renders this case moot, the

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petition for a writ of habeas corpus should be dismissed as moot.”). Accordingly, the petition for

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writ of habeas corpus in this matter is dismissed with prejudice.

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IT IS SO ORDERED.
Dated: 1/3/20

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SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE