Price v. Ayers

Filing 288

ORDER DISMISSING PETITION DUE TO PETITIONER'S DEATH. Signed by Judge Edward J. Davila on 8/19/2021. (amkS, COURT STAFF) (Filed on 8/19/2021)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CURTIS FLOYD PRICE,

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United States District Court
Northern District of California

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Petitioner,

Case No. 5:93-cv-0277-EJD
DEATH PENALTY CASE

v.
RONALD DAVIS, Warden of California
State Prison at San Quentin,

ORDER DISMISSING PETITION DUE
TO PETITIONER’S DEATH

Respondent.

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Counsel for Petitioner has filed a Notice stating that Petitioner died on August 17, 2021. See

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Dkt. No. 287. The death of a habeas corpus petitioner renders the petition moot. See, e.g., Garceau

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v. Woodford, 399 F.3d 1101 (Mem.) (9th Cir. Mar. 3, 2005) (citing Griffey v. Lindsey, 349 F.3d

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1157 (9th Cir. 2003) (“Because petitioner’s death renders this case moot, the petition for a writ of

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habeas corpus should be dismissed as moot.”). See also Farmer v. McDaniel, 692 F.3d 1052 (Mem.)

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(9th Cir. 2012) (denying petition for rehearing en banc, dismissing appeal, and remanding to the

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district court for dismissal of the habeas petition as moot due to petitioner’s death during appellate

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proceedings). Accordingly, the petition for writ of habeas corpus is dismissed as moot and this

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matter is terminated.

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IT IS SO ORDERED.
Dated: 8/19/2021

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EDWARD J. DAVILA
UNITED STATES DISTRICT JUDGE