Enquist v. Chavez

Ninth Circuit Court of Appeals

Decided May 20, 2014.

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Ninth Circuit Court of Appeals · decided 2014-05-20

2 counsel of record

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Stanley v. Ryan

Decided 2014-05-20

¶1Danny James Enquist, Corcoran, CA, pro se.

¶2 *1139Leanne Leslie Lemon, II, Deputy Attorney General, Office of the Attorney General, Fresno, CA, Brian G. Smiley, Supervising Deputy Attorney General, AGCA-Office of the California Attorney General, Sacramento, CA, for Respondent-Appellee.

¶3Before: CLIFTON, BEA, and WATFORD, Circuit Judges.

¶4ORDER

¶5California state prisoner Danny James Enquist appealed the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition as untimely. On March 17, 2014, the Attorney General of the State of California informed the court that Enquist had died in prison on November 10, 2013. Accordingly, we dismiss the appeal as moot and remand the case to the district court for further proceedings as may be required, including dismissal of the petition and vacatur of all orders. See Stanley v. Ryan, 716 F.3d 1272 (9th Cir.2013).

¶6DISMISSED and REMANDED.