NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT FEB 28 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS GENARO C. MARTINO, No. 10-16056 Petitioner - Appellant, D.C. No. 3:02-cv-00544-LRH- RAM v. RENEE BAKER, Warden of the Ely State Prison and CATHERINE CORTEZ ORDER* MASTO, Esquire, Attorney General, Respondents - Appellees.

Appeal from the United States District Court for the District of Nevada Larry R. Hicks, District Judge, Presiding Argued and Submitted February 14, 2013 San Francisco, California Before: REINHARDT and M. SMITH, Circuit Judges, and CARR, Senior District Judge.*

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable James G. Carr, Senior District Judge for the U.S. District Court for the Northern District of Ohio, sitting by designation.

Genaro Martino appealed the district court’s denial of his petition for a writ of habeas corpus. On February 13, 2014, the Attorney General of the State of Nevada informed this court that Martino had died in prison on February 7, 2014.

Due to Martino’s death, we dismiss the appeal as moot. We remand the case to the district court with instructions to vacate all orders and dismiss the petition as moot.