Opinion
No. 07-15085.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed July 8, 2008.
Debra A. Bookout, Federal Public Defender's Office, Las Vegas, NV, for Petitioner-Appellant.
Erik A. Levin, Office of the Nevada Attorney General, Carson City, NV, for Respondent-Appellee.
Appeal from the United States District Court for the District of Nevada, Howard D. McKibben, District Judge, Presiding. D.C. No. CV-03-00341-HDM.
Before: REINHARDT, LEAVY, and W. FLETCHER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Frank DeGrasse appeals from the district court's judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we remand.
On June 11, 2008, this court received notice that DeGrasse has died. Accordingly, this petition is now moot. See Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 2005). This case is therefore remanded to the district court with instructions to dismiss the petition.
REMANDED with instructions.