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Roland Myrie v. A. W. Barnes

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


December 6, 2011

ROLAND MYRIE, PETITIONER,
v.
A. W. BARNES, RESPONDENT.

The opinion of the court was delivered by: United States District Judge Otis D. Wright, III

ORDER DISMISSING PETITION

On September 25, 2008, petitioner Roland Myrie filed a Petition for Writ of Habeas Corpus by a Person in State Custody Pursuant to 28 U.S.C. § 2254.

On November 21, 2011, mail from the court clerk addressed to petitioner was returned with a notation that the mail was undeliverable because of the death of petitioner. The Court ordered respondent to provide this Court with evidence that petitioner is deceased or advise the Court to the contrary. On December 1, 2011, respondent filed a Notification of Death of Petitioner. Attached to the document is a Certificate of Death for Roland Myrie. The Certificate of Death states that petitioner died on September 4, 2011 of metastatic adenocarcinoma.

A petition for writ of habeas corpus is mooted by the death of the petitioner.

See, e.g., Griffey v. Lindsey, 349 F.3d 1157 (9th Cir. 2003) (dismissing petition for writ of habeas corpus as moot because petitioner died). Given petitioner's death, the petition is dismissed without prejudice.

Presented by:

FREDERICK F. MUMM

FREDERICK F. MUMM United States Magistrate Judge

20111206

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