Ashmus v. Ayers

Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 TROY ADAM ASHMUS, Case No. 4:93-cv-0594-YGR 7 Petiti eltioner, DEATH PENALTY CASE 8 v. 9 RON BROOMFIELD. WARDEN OF ORDER DISMISSING PETITION WITH 0 CALIFORNIA STATE PRISON AT SAN PREJUDICE DUE TO PETITIONER’S DEATH QUENTIN, Respondent a 12

= 13 Counsel for Petitioner has notified the court that Petitioner died on July 20, 2020. (See Dkt.

No. 593.) The death of a habeas corpus petitioner renders the petition moot. See, e.g., Garceau v. ~ IS Woodford, 399 F.3d 1101 (Mem.) (9th Cir. Mar. 3, 2005) (citing Griffey v. Lindsey, 349 F.3d 1157

A 16 (9th Cir. 2003) (“Because petitioner’s death renders this case moot, the petition for a writ of habeas oO 7 corpus should be dismissed as moot.”)). See also Farmer vy. McDaniel, 692 F.3d 1052 (Mem.) (9th O a 18 Cir. 2012) (denying petition for rehearing en banc, dismissing appeal, and remanding to the district 19 court for dismissal of the habeas petition as moot due to petitioner’s death during appellate 20 proceedings). Accordingly, the stay entered in this matter on July 9, 2014 (see Docket No. 516), is 71 HEREBY LIFTED and the petition for writ of habeas corpus is DISMISSED WITH PREJUDICE. 22 The Clerk of the Court is directed to close this file. 23 IT Is SO ORDERED. 24 |! Dated: July 23, 2020 25 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 26 27 28