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RIVERA v. PEARLMAN

United States District Court, S.D. New York


March 16, 2004.

GILBERTO RIVERA, Petitioner, -against- PEARLMAN, SUPERINTENDANT, Respondent

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

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.

20040316

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