Crain v. Schwochert
Filing
22
ORDER signed by Judge Lynn Adelman on 3/31/14 that the case is DISMISSED AS MOOT. (cc: all counsel)(dm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
RICHARD R. CRAIN,
Petitioner,
v.
Case No. 13-CV-00296
JIM SCHWOCHERT,
Respondent.
ORDER
On March 15, 2013, pro se petitioner Richard Crain filed a petition for a writ of
habeas corpus under 28 U.S.C. § 2254. On December 31, 2013, I received a letter from
Timothy Kaprelian, a friend of petitioner, stating that petitioner had passed away.
Respondent has confirmed that petitioner did indeed pass away on December 28, 2013.
Therefore, I will dismiss the petition as moot. A § 2254 petition filed while petitioner is in
custody may be adjudicated after custody ends if “collateral consequences” of the
conviction remain. Carafas v. LaVallee, 391 U.S. 234, 237–38 (1968). In this case,
petitioner’s custody has been ended by his death, and death means that petitioner cannot
suffer any future consequences of his conviction or sentence. McClendon v. Trigg, 79 F.3d
557, 558 (7th Cir. 1996); see also McMann v. Ross, 396 U.S. 118 (1969).
THEREFORE, IT IS ORDERED that the case is DISMISSED AS MOOT.
Dated at Milwaukee, Wisconsin, this 31st day of March, 2014.
s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge
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