Summary
dismissing habeas petition brought under 28 U.S.C. § 2241(c) where petitioner died after he filed the petition; petition was mooted since there was no relief that could be granted to him
Summary of this case from Kairis v. PooleOpinion
02 Civ. 2399 (LAK)
March 16, 2004
ORDER
On March 28, 2002, Gilberto Rivera petitioned this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court since has learned, and Robert T. Johnson, the District Attorney of Bronx County has confirmed, that petitioner died on September 11, 2002. See Darpino Aff. ¶ 7. As petitioner no longer "is in custody" as required by 28 U.S.C. § 2241(c) and there is no relief that can be granted to him, the petition for a writ of habeas corpus is dismissed as moot. The Clerk is directed to close the case.
SO ORDERED.