GENARO C. MARTINO V. MICHAEL BUDGE, ET AL.

Filing 80

ORDER dismissing action as moot. Clerk shall close file in this action. Signed by Judge Larry R. Hicks on 5/2/14. (Copies have been distributed pursuant to the NEF - JC)

1
2
3
4

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

5
6
7
8

GENARO C. MARTINO,

9

Petitioner,

10

vs.

11

Case No. 3:02-cv-00544-LRH-RAM

RENEE BAKER, et al.,

12

ORDER

Respondents.

13
14

This action is a closed petition for a writ of habeas corpus filed pursuant to 28 U.S.C.

15

§ 2254, by a Nevada state prisoner represented by counsel. By order filed April 6, 2010, this Court

16

dismissed one ground of the petition as procedurally defaulted, and denied the remaining grounds of

17

the petition as without merit. (ECF No. 71). Judgment was entered on April 6, 2010. (ECF No.

18

72). Petitioner appealed the denial of his petition. (ECF No. 73).

19

On February 28, 2014, the United States Court of Appeals for the Ninth Circuit filed an

20

order that, due to petitioner’s death, the appeal was dismissed as moot. (ECF No. 77). The Court of

21

Appeals remanded the case to this court with instructions to vacate all orders and dismiss the

22

petition. (Id.).

23

IT IS THEREFORE ORDERED that this action is DISMISSED AS MOOT.

24

IT IS FURTHER ORDERED that the Clerk of Court shall close the file in this action.

25
26

DATED this 2nd day of May, 2014.

27
28

LARRY R. HICKS
UNITED STATES DISTRICT JUDGE