Milo McCormick Stanley v. Charles L. Ryan

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MILO MCCORMICK STANLEY,
Petitioner-Appellant,
v.
CHARLES L. RYAN,
Respondent-Appellee.
No. 11-99014
D.C. No.
2:98-cv-00430-
GMS
ORDER
Appeal from the United States District Court
for the District of Arizona
G. Murray Snow, District Judge, Presiding
Argued and Submitted
March 19, 2013—San Francisco, California
Filed May 28, 2013
Before: Johnnie B. Rawlinson, Carlos T. Bea,
and Sandra S. Ikuta, Circuit Judges.
COUNSEL
Paula K. Harms, Assistant Federal Public Defender, Phoenix,
Arizona, for Petitioner-Appellant.
Julie A. Done, Assistant Attorney General, Capital Litigation
Section, Phoenix, Arizona, for Respondent-Appellee.

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STANLEY V. RYAN 2
ORDER
Petitioner Milo McCormick Stanley (Stanley) appealed
the district court’s vacatur of an evidentiary hearing ordered
by this court and denial of his petition for a writ of habeas
corpus. On May 10, 2013, Stanley’s counsel informed this
court that Stanley passed away in prison. Due to Stanley’s
death, we dismiss his appeal and “remand this case to the
district court for dismissal of the petition for a writ of habeas
corpus as moot and for further proceedings as may be
required, including the vacatur of any prior orders.” Farmer
v. McDaniel, 692 F.3d 1052 (9th Cir. 2012) (citation
omitted).
DISMISSED AND REMANDED.

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