Opinion
C18-1799-JCC
07-12-2021
ALVIN GEORGE WALKER, SR., Petitioner, v. RON HAYNES, Respondent.
ORDER
HONORABLE JOHN C. COUGHENOUR JUDGE.
This matter comes before the Court on remand from the Ninth Circuit (Dkt. No. 28). The Court denied Petitioner Alvin George Walker's 28 U.S.C. § 2254 petition for a writ of habeas corpus and entered judgment on September 10, 2019. (Dkt. Nos. 18, 19.) Mr. Walker appealed. (Dkt. No. 20.) On June 23, 2021, Mr. Walker's counsel informed the Ninth Circuit that Mr. Walker passed away. (Dkt. No. 28 at 1.) The Ninth Circuit has remanded the case to this Court to dismiss Mr. Walker's petition as moot “and for further proceedings as may be required, including the vacatur of any prior orders.” (Id. (quoting United States v. Orona, 987 F.3d 892, 893 (9th Cir. 2021)).)
Pursuant to the Ninth Circuit's remand order, the Court VACATES its prior order (Dkt. No. 18) and judgment (Dkt. No. 19) denying Mr. Walker's petition, DISMISSES Mr. Walker's petition (Dkt. No. 6) as moot, and DIRECTS the Clerk to close this case.