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ENQUIST v. CHAVEZ, 2:11-cv-0572 JAM GGH P. (2014)

Court: District Court, E.D. California Number: infdco20140701739 Visitors: 21
Filed: Jun. 30, 2014
Latest Update: Jun. 30, 2014
Summary: ORDER JOHN A. MENDEZ, District Judge. The district court dismissed the petition as untimely and closed this case on September 26, 2012. Judgment was entered at that time. On May 20, 2014, while petitioner's appeal from the dismissal of his habeas was pending, the court of appeals issued an order stating that it was notified by the Attorney General that petitioner had passed away in prison. Enquist v. Chavez, No. 12-17560 (9th Cir. May 20, 2014). In light of that order, remanding to this cou
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ORDER

JOHN A. MENDEZ, District Judge.

The district court dismissed the petition as untimely and closed this case on September 26, 2012. Judgment was entered at that time. On May 20, 2014, while petitioner's appeal from the dismissal of his habeas was pending, the court of appeals issued an order stating that it was notified by the Attorney General that petitioner had passed away in prison. Enquist v. Chavez, No. 12-17560 (9th Cir. May 20, 2014). In light of that order, remanding to this court with directions,

IT IS ORDERED that:

1. Judgment entered on September 26, 2012 is reopened.

2. The petition for habeas corpus is dismissed as moot.

3. The Clerk of the Court shall enter judgment accordingly.

Source:  Leagle

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