Vanisi v. McDaniel et al

Filing 107

Order Dismissing Action and Closing Case - It is therefore ordered that this action is dismissed, as moot, on account of the petitioners death. The Clerk of the Court is directed to enter judgment accordingly and close this case. Signed by Judge Cristina D. Silva on 11/16/2023. (Copies have been distributed pursuant to the NEF - DLS)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Petitioner

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v.

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Case No. 3:10-cv-00448-CDS-CLB

Siaosi Vanisi,

Order Dismissing Action and
Closing Case

Jeremy Bean, et al.,
Respondents

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On October 31, 2023, appointed counsel for Siaosi Vanisi, the petitioner in this capital

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habeas corpus action, filed a Suggestion of Death (ECF No. 106), indicating that Vanisi died on

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October 26, 2023. The respondents did not respond to the Suggestion of Death.

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As Vanisi has died, this action is moot and subject to dismissal. See Garceau v. Woodford,

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

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petition for writ of habeas corpus as moot on account of the petitioner’s death).
It is therefore ordered that this action is dismissed, as moot, on account of the

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petitioner’s death. The Clerk of the Court is directed to enter judgment accordingly and close this

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case.

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Dated: November 16, 2023

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Cristina D. Silva
United States District Judge