Milo Stanley v. Charles Ryan

Ninth Circuit

Milo Stanley v. Charles Ryan

716 F.3d 1272, 2013 WL 2320727, 2013 U.S. App. LEXIS 10650

Court of Appeals for the Ninth Circuit·Decided May 28, 2013·No. 11-99014·Published·Cited by 4 cases

Opinion

ORDER

Petitioner Milo McCormick Stanley (Stanley) appealed the district court’s va-catur of an evidentiary hearing ordered by this court and denial of his petition for a writ of habeas corpus. On May 10, 2013, Stanley’s counsel informed this court that Stanley passed away in prison. Due to Stanley’s death, we dismiss his appeal and “remand this case to the district court for dismissal of the petition for a writ of habe-as corpus as moot and for further proceedings as may be required, including the vacatur of any prior orders.” Farmer v. McDaniel, 692 F.3d 1052 (9th Cir.2012) (citation omitted).

DISMISSED AND REMANDED.

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ORDER

Petitioner Milo McCormick Stanley (Stanley) appealed the district court’s va-catur of an evidentiary hearing ordered by this court and denial of his petition for a writ of habeas corpus. On May 10, 2013, Stanley’s counsel informed this court that Stanley passed away in prison. Due to Stanley’s death, we dismiss his appeal and “remand this case to the district court for dismissal of the petition for a writ of habe-as corpus as moot and for further proceedings as may be required, including the vacatur of any prior orders.” Farmer v. McDaniel, 692 F.3d 1052 (9th Cir.2012) (citation omitted).

DISMISSED AND REMANDED.

Milo Stanley v. Charles Ryan, 716 F.3d 1272, 2013 WL 2320727, 2013 U.S. App. LEXIS 10650 (9th Cir. 2013).

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