Woodard v. Ahern et al

Filing 97

ORDER DISMISSING CASE. Signed by Judge Charles R. Breyer on 2/27/2012. (crblc1, COURT STAFF) (Filed on 2/27/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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VICTOR WOODARD,

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Petitioner,

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No. C 09-00203 CRB
ORDER DISMISSING CASE

v.
GREGORY J. AHERN,
Respondant.

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The Court has received a Suggestion of Death Upon the Record Under Rule 25(a)(1),

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filed by counsel to Plaintiff Victor Woodard (dkt. 96). The death of a habeas petitioner

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renders his petition moot. See Griffey v. Lindsey, 349 F.3d 1157, 1157 (9th Cir. 2003);

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McClendon v. Trigg, 79 F.3d 557, 558 (7th Cir. 1996). Any collateral consequences end

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with the petitioner’s death as well. McClendon, 79 F.3d at 558-59. The petition must be

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dismissed. See id. at 559. Accordingly, the Court DISMISSES Petitioner’s case.

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IT IS SO ORDERED.

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Dated: February 27, 2012

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

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G:\CRBALL\2009\203\order dismissing.wpd