Opinion
Case No. CV 13-2584-JVS (SP)
02-10-2015
PAUL GARCIA, Petitioner, v. DAVID B. LONG, Warden, Respondent.
MEMORANDUM AND ORDER GRANTING VOLUNTARY DISMISSAL
On April 12, 2013, petitioner Paul Garcia, represented by counsel, filed a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254. Respondent subsequently answered the Petition, and petitioner filed a reply.
On February 3, 2015, petitioner's counsel filed a document giving notice of petitioner's death. Petitioner's counsel consequently requests that the Petition be dismissed without prejudice. Because respondent has answered, petitioner requires a court order to voluntarily dismiss the action. Fed. R. Civ. P. 41(a)(2).
Petitioner's death renders his habeas Petition moot and requires dismissal of the Petition. See Griffey v. Lindsey, 349 F.3d 1157 (9th Cir. 2003) (habeas petition must be dismissed as moot upon death of petitioner); see also Dove v. U.S., 423 U.S. 325, 96 S. Ct. 579, 46 L. Ed. 2d 531 (1976) (dismissing petition for certiorari due to petitioner's death).
IT IS THEREFORE ORDERED that petitioner's request to voluntarily dismiss this action is GRANTED, and that Judgment be entered dismissing the Petition and this action without prejudice as moot. DATED: February 10, 2015
/s/_________
HONORABLE JAMES V. SELNA
UNITED STATES DISTRICT JUDGE
Presented by: /s/_________
SHERI PYM
UNITED STATES MAGISTRATE JUDGE