Genaro C. Martino v. RENEE BAKER, Warden of the Ely State Prison

NOT FOR PUBLICATION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

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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.

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