Rosales v. Harrison

Filing 54

ORDER signed by Senior Judge Lawrence K. Karlton on 11/22/10 ORDERING that, pursuant to 53 Statement of Death and Fed. R. Civ. P. 41(b) and Rule 12, Rules Governing Section 2254 Cases, this action is DISMISSED w/ prejudice. CASE CLOSED (Benson, A.)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Respondent has provided evidence that the petitioner in this action died on July 23, 2008, and has lodged a proposed order dismissing this case. The court will construe respondent's notice and order as a motion to dismiss this action. Accordingly, good cause appearing, IT IS HEREBY ORDERED that this action is dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b) and Rule 12, Rules Governing Section 2254 Cases. DATED: November 22, 2010. vs. C. M. HARRISON, Respondent. / ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOSEPH B. ROSALES, Petitioner, No. CIV S-05-0424 LKK EFB P