Teofilo Medina, Jr. v. Kevin Chappell

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 26, 2015
• Docket: 09-99015
• Status: Published

Opinion

FILED FOR PUBLICATION MAR 26 2015

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

TEOFILO MEDINA, Jr., No. 09-99015

Petitioner - Appellant, D.C. No. 2:94-CV-01892-RSWL Central District of California, v. Los Angeles

KEVIN CHAPPELL, Warden, ORDER Respondent - Appellee.

TEOFILO MEDINA, Jr., No. 09-99016

Petitioner - Appellant, D.C. No. 2:97-CV-07062-RSWL Central District of California, v. Los Angeles

R. K. WONG,

Respondent - Appellee.

Before: THOMAS, Chief Judge and WARDLAW and BERZON, Circuit Judges.

We sent the accompanying opinion for filing on Friday, March 20, 2015.

On Tuesday, March 24, 2015, we received from Mr. Medina’s counsel a filing

entitled “Suggestion of Death” informing us of a press release indicating that Mr.

Medina had “died on the evening of March 22, 2015 from natural causes . . . .” Because at all times when we made our decision and sent it for filing, the case was

not moot, we allowed it to be published in the ordinary course. However, we direct

the parties to file letter briefs within 14 days hereof addressing how best to proceed

with the opinion in light of Mr. Medina’s death.

IT IS SO ORDERED.