Ward v. Adams et al
Filing
41
ORDER signed by Senior Judge James K. Singleton on 02/09/09 ORDERING that this action is DISMISSED. The Clerk shall enter judgment accordingly. CASE CLOSED. (Streeter, J)
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
DAVID ANDREW WARD, Petitioner, vs. D. ADAMS, Warden, Respondent.
Case No. 2:05-cv-02536 JKS
ORDER
Respondent has filed a report from Salinas Valley State Prison, which confirms that Petitioner died in custody from natural causes on October 4, 2008. Docket No. 40, Attach. 1. The application for a writ of habeas corpus, unique to Petitioner, is not transferable and is therefore extinguished. See, e.g., Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 2005). This action is accordingly dismissed pursuant to Federal Rule of Civil Procedure 25(a). The Clerk shall enter judgment accordingly. IT IS SO ORDERED. Dated this the 9th day of February 2009. /s/ James K. Singleton, Jr. JAMES K. SINGLETON, JR. United States District Judge
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