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STANLEY v. RYAN

No. 11-99014.

716 F.3d 1272 (2013)

Milo McCormick STANLEY, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 28, 2013.

Attorney(s) appearing for the Case

Paula K. Harms , Assistant Federal Public Defender, Phoenix, AZ, for Petitioner-Appellant.

Julie A. Done , Assistant Attorney General, Capital Litigation Section, Phoenix, AZ, for Respondent-Appellee.

Before: JOHNNIE B. RAWLINSON, CARLOS T. BEA, and SANDRA S. IKUTA, Circuit Judges.

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...

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