Danny Enquist v. F. Chavez

Ninth Circuit

Danny Enquist v. F. Chavez

751 F.3d 1138, 2014 WL 2090028, 2014 U.S. App. LEXIS 9383

Court of Appeals for the Ninth Circuit·Decided May 20, 2014·No. 12-17560·Unpublished

Opinion

ORDER

California state prisoner Danny James Enquist appealed the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition as untimely. On March 17, 2014, the Attorney General of the State of California informed the court that Enquist had died in prison on November 10, 2013. Accordingly, we dismiss the appeal as moot and remand the case to the district court for further proceedings as may be required, including dismissal of the petition and vacatur of all orders. See Stanley v. Ryan, 716 F.3d 1272 (9th Cir.2013).

DISMISSED and REMANDED.

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ORDER

California state prisoner Danny James Enquist appealed the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition as untimely. On March 17, 2014, the Attorney General of the State of California informed the court that Enquist had died in prison on November 10, 2013. Accordingly, we dismiss the appeal as moot and remand the case to the district court for further proceedings as may be required, including dismissal of the petition and vacatur of all orders. See Stanley v. Ryan, 716 F.3d 1272 (9th Cir.2013).

DISMISSED and REMANDED.

Danny Enquist v. F. Chavez, 751 F.3d 1138, 2014 WL 2090028, 2014 U.S. App. LEXIS 9383 (9th Cir. 2014).

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