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FARMER v. McDANIEL

No. 10-99017.

692 F.3d 1052 (2012)

Robert Jeffrey FARMER, Petitioner-Appellant, v. E.K. McDANIEL, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 5, 2012.

Attorney(s) appearing for the Case

Franny Forsman , Michael Pescetta , Federal Public Defender's Office, Las Vegas, NV, for the petitioner-appellant.

Robert E. Wieland , Office of the Nevada Attorney General, Reno, NV, for the respondent-appellee.

Before: STEPHEN S. TROTT and CARLOS T. BEA, Circuit Judges, and REBECCA R. PALLMEYER, District Judge.

ORDER

Robert Farmer appealed the district court's denial of his petition for a writ of habeas corpus. In a published opinion, we affirmed the district court's denial of the writ. Farmer v. McDaniel, 666 F.3d 1228 (9th Cir.2012).

Counsel for Farmer has advised us that Farmer died in prison on April 24, 2012, while a PFREB he filed remained pending before this court. Because Farmer did not have the opportunity to exhaust...

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