Weber v. Cortez Masto

Filing 119

ORDER - 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 Richard F. Boulware, II on 5/25/2022. (Copies have been distributed pursuant to the NEF - CJD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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TIMMY JOHN WEBER,

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v.

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Petitioner,

Case No. 3:11-cv-00104-RFB-WGC
ORDER

WILLIAM GITTERE, et al.,

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Respondents.

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This is a capital habeas corpus action. On May 23, 2022, respondents filed a suggestion of

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death on the record, with an attached news report, indicating that the petitioner died on May 18,

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2022. ECF No. 118. This action is now moot and will be dismissed. 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)

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(dismissing petition for writ of habeas corpus as moot on account of the petitioner’s death).

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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: May 25, 2022
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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE