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Ward v. Adams

February 9, 2009

DAVID ANDREW WARD, PETITIONER,
v.
D. ADAMS, WARDEN, RESPONDENT.



The opinion of the court was delivered by: James K. Singleton, Jr. United States District Judge

ORDER

Respondent has filed a report from Salinas Valley State Prison, which confirms that Petitioner died in custody from natural causes on October 4, 2008. Docket No. 40, Attach. 1. The application for a writ of habeas corpus, unique to Petitioner, is not transferable and is therefore extinguished. See, e.g., Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 2005). This action is accordingly dismissed pursuant to Federal Rule of Civil Procedure 25(a). The Clerk shall enter judgment accordingly.

IT IS SO ORDERED.

20090209

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