Brown v. Noll

Filing 10

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 8/17/11. (lrc, COURT STAFF) (Filed on 8/17/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JEROME BROWN,
Petitioner,

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RANDY GROUNDS, Acting Warden,
Respondent.

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For the Northern District of California

United States District Court

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(Docket no. 9)
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Petitioner, a state prisoner, filed the present petition for a writ of habeas corpus pursuant to
28 U.S.C. § 2254. On July 12, 2011, mail directed to Petitioner by the Court was returned to the
Clerk of the Court with a notation that it was undeliverable because Petitioner was "deceased."

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ORDER GRANTING RESPONDENT'S
MOTION TO DISMISS PETITION AS
MOOT

v.

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No. C 10-00074 SBA (PR)

On August 4, 2011, Respondent filed "Request to Dismiss Petition" and attached a certified
copy of Petitioner's death certificate, which shows he died on June 5, 2011. (See Req. to Dismiss,
Ex. 1.)
The death of a habeas petitioner renders his petition moot and requires dismissal of the
petition. See Garceau v. Woodford, 399 F.3d 1101, 1101 (9th Cir. 2005). Accordingly,
Respondent's request to dismiss the petition is GRANTED, and the above-titled petition for a writ of
habeas corpus is hereby DISMISSED as moot.
The Clerk shall terminate all pending motions and close the file. The Court has rendered its
final decision on this matter; therefore, this Order TERMINATES Petitioner's case.
This Order terminates Docket no. 9.
IT IS SO ORDERED.
DATED:

8/17/11

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SAUNDRA BROWN ARMSTRONG
United States District Judge

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G:\PRO-SE\SBA\HC.10\Brown0074.dismiss-INMATEdeceased.frm