ROBERT J. FARMER v. STATE OF NEVADA (DEATH PENALTY)

Filing 202

ORDER Granting 201 Suggestion of Death and Motion to Dismiss without prejudice. Signed by Judge James C. Mahan on 6/15/2012. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROBERT JEFFREY FARMER,

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Petitioner,

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vs.

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JACKIE CRAWFORD, et al.,

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Respondents.

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2:93-cv-0434-JCM-CWH
ORDER

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This action is a petition for a writ of habeas corpus by Robert Jeffrey Farmer, a Nevada

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prisoner. The case has been stayed since August 30, 2006, pending proceedings in state court.

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See Order entered August 30, 2006 (ECF No. 185).

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On June 12, 2012, petitioner’s counsel filed a “Suggestion of Death and Motion to Dismiss”

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(ECF No. 201). In that filing, counsel states that Farmer died on April 24, 2012. Suggestion of

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Death and Motion to Dismiss (ECF No. 201), p. 1, lines 17-18. Counsel asserts that Farmer’s death

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moots this action, and requests that the action should therefore be dismissed.

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Farmer’s death renders his habeas corpus action moot, and subject to dismissal. See Garceau

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v. Woodford, 399 F.3d 1101 (9th Cir. 2005); Griffey v. Lindsey, 349 F.3d 1157 (9th Cir. 2003).

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The court will, therefore, grant the motion to dismiss this action, and dismiss the action

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without prejudice on account of the petitioner’s death.

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IT IS THEREFORE ORDERED that the motion to dismiss (ECF No. 201) is GRANTED.

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IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE,

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as moot, on account of the death of the petitioner.
IT IS FURTHER ORDERED that the clerk of the court shall ENTER JUDGMENT
ACCORDINGLY.

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15th
Dated this _____ day of June, 2012.

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UNITED STATES DISTRICT JUDGE
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