Price v. Davis

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CURTIS FLOYD PRICE, Case No. 5:93-cv-0277-EJD Petitioner, DEATH PENALTY CASE 8 V. 7 RONALD DAVIS, Warden of California ORDER MISSING PETITION DUE 10 State Prison at San Quentin, TO PETITIONER'S DEATH 11 Respondent.

L 13 Counsel for Petitioner has filed a Notice stating that Petitioner died on August 17, 2021. See 14 Dkt. No. 287. The death of a habeas corpus petitioner renders the petition moot. See, e.g., Garceau is || Woodford, 399 F.3d 1101 (Mem.) (9th Cir. Mar. 3, 2005) (citing Griffey v. Lindsey, 349 F.3d 16 1157 (9th Cir. 2003) (“Because petitioner’s death renders this case moot, the petition for a writ of 17 habeas corpus should be dismissed as moot.”). See also Farmer v. McDaniel, 692 F.3d 1052 (Mem.)

5 18 (9th Cir. 2012) (denying petition for rehearing en banc, dismissing appeal, and remanding to the 19 district court for dismissal of the habeas petition as moot due to petitioner’s death during appellate proceedings). Accordingly, the petition for writ of habeas corpus is dismissed as moot and this matter is terminated.

IT IS SO ORDERED. ato Dated: 8/19/2021 EDWARD J. DAVILA 24 UNITED STATES DISTRICT JUDGE