D'Attore v. LaManna

Background

Gaetano D’Attore, proceeding without a lawyer, filed a petition under 28 U.S.C. § 2254 seeking federal habeas corpus relief. A habeas corpus petition asks a federal court to review whether a person’s custody is lawful. D’Attore challenged his custody in New York State prison following his 2010 conviction in Bronx County Supreme Court. The respondent was Jamie LaManna, identified as superintendent of Green Haven Correctional Facility.

Reason for the ruling

The court learned from New York State corrections records that D’Attore had died in custody on December 19, 2019. Those records also listed his custody status as “discharged.” The court concluded that it could no longer grant D’Attore the relief he requested—release from custody. It therefore treated the petition as moot, meaning that no effective relief remained for the court to provide. The opinion did not decide whether D’Attore’s conviction or custody had violated the law.

Disposition

Judge Jesse M. Furman ordered that D’Attore’s petition be dismissed as moot because he was deceased, and that the case be dismissed. The court also ruled that a certificate of appealability would not issue because D’Attore had not made a substantial showing that a constitutional right had been denied. In addition, the court certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The Clerk of Court was directed to close the case.