Danny James Enquist v. F. Chavez

12-17560Court of Appeals for the Ninth CircuitMay 20, 2014

Full text

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DANNY JAMES ENQUIST,
Petitioner - Appellant,
v.
F. CHAVEZ,
Respondent - Appellee.
No. 12-17560
D.C. No. 2:11-cv-00572-JAM
Eastern District of California,
Sacramento
ORDER
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
California state prisoner Danny James Enquist appealed the district court’s
dismissal of his 28 U.S.C. § 2254 habeas petition as untimely. On March 17, 2014,
the Attorney General of the State of California informed the court that Enquist had
died in prison on November 10, 2013. Accordingly, we dismiss the appeal as moot
and remand the case to the district court for further proceedings as may be
required, including dismissal of the petition and vacatur of all orders. See Stanley
v. Ryan, 716 F.3d 1272 (9th Cir. 2013).
DISMISSED and REMANDED.
FILED
MAY 20 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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