Opinion
21-CV-10215 (PMH)
05-31-2022
TYROME CHANEYFIELD, Petitioner, v. JULIA WILCOX, Respondent.
ORDER
PHILIP M. HALPERN, UNITED STATES DISTRICT JUDGE:
On May 21, 2015, Tyrome Chaneyfield (“Petitioner”) was convicted-following a jury trial in the New York State Supreme Court, Sullivan County-of twenty-four counts of rape. (See Doc. 1 at 1-2). Petitioner was sentenced, on September 22, 2015, to a term of thirty-two years to life imprisonment. (Id. at 1).
The Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 was received by the Court on November 30, 2021. (Id.). Respondent, on April 18, 2022, moved to dismiss the action because Petitioner is dead. (Doc. 10). Respondent provided a copy of Petitioner's death certificate. (Doc. 10-2). Because Petitioner is dead, he is no longer in custody. See Grant v. Gonyea, No. 18-CV-07720, 2021 WL 1422811, at *2 (S.D.N.Y. Mar. 8, 2021). Respondent's motion is, accordingly, GRANTED and the Petition is DISMISSED AS MOOT.
The Clerk of the Court is respectfully directed to terminate the motion sequence pending at Doc. 10, mail a copy of this Order to Petitioner's last known address, and close this case.
SO ORDERED.