Ashmus v. Ayers

Filing 594

ORDER DISMISSING PETITION WITH PREJUDICE DUE TO PETITIONERS DEATH ;LIFTING STAY; DISMISSING CASE. Signed by Judge Yvonne Gonzalez Rogers on 7/23/2020. (fs, COURT STAFF) (Filed on 7/23/2020)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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TROY ADAM ASHMUS,

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United States District Court
Northern District of California

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Petitioner,

Case No. 4:93-cv-0594-YGR
DEATH PENALTY CASE

v.
RON BROOMFIELD, WARDEN OF
CALIFORNIA STATE PRISON AT SAN
QUENTIN,

ORDER DISMISSING PETITION WITH
PREJUDICE DUE TO PETITIONER’S DEATH

Respondent

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Counsel for Petitioner has notified the court that Petitioner died on July 20, 2020. (See Dkt.
No. 593.) The death of a habeas corpus petitioner renders the petition moot. See, e.g., Garceau v.
Woodford, 399 F.3d 1101 (Mem.) (9th Cir. Mar. 3, 2005) (citing Griffey v. Lindsey, 349 F.3d 1157
(9th Cir. 2003) (“Because petitioner’s death renders this case moot, the petition for a writ of habeas
corpus should be dismissed as moot.”)). See also Farmer v. McDaniel, 692 F.3d 1052 (Mem.) (9th
Cir. 2012) (denying petition for rehearing en banc, dismissing appeal, and remanding to the district
court for dismissal of the habeas petition as moot due to petitioner’s death during appellate
proceedings). Accordingly, the stay entered in this matter on July 9, 2014 (see Docket No. 516), is
HEREBY LIFTED and the petition for writ of habeas corpus is DISMISSED WITH PREJUDICE.
The Clerk of the Court is directed to close this file.
IT IS SO ORDERED.
Dated: July 23, 2020

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE