This order dismisses an appeal and remands the case to the district court due to the death of the defendant-appellee. The court had previously stayed the case pending a Supreme Court decision. Upon being informed that the defendant had passed away, the court dismissed the appeal as moot and remanded the case to the district court with instructions to dismiss the habeas petition and vacate any prior orders, as death renders the case moot.
This order dismisses an appeal and remands the case to the district court due to the death of the defendant-appellee. The court had previously stayed the case pending a Supreme Court decision. Upon being informed that the defendant had passed away, the court dismissed the appeal as moot and remanded the case to the district court with instructions to dismiss the habeas petition and vacate any prior orders, as death renders the case moot.
This order dismisses an appeal and remands the case to the district court due to the death of the defendant-appellee. The court had previously stayed the case pending a Supreme Court decision. Upon being informed that the defendant had passed away, the court dismissed the appeal as moot and remanded the case to the district court with instructions to dismiss the habeas petition and vacate any prior orders, as death renders the case moot.
This order dismisses an appeal and remands the case to the district court due to the death of the defendant-appellee. The court had previously stayed the case pending a Supreme Court decision. Upon being informed that the defendant had passed away, the court dismissed the appeal as moot and remanded the case to the district court with instructions to dismiss the habeas petition and vacate any prior orders, as death renders the case moot.
Plaintiff-Appellant, D.C. Nos. v. 2:16-cv-02160-SRB 2:11-cr-00856-SRB-1 SELSO RANDY ORONA, Defendant-Appellee. ORDER
Filed February 18, 2021
Order 2 UNITED STATES V. ORONA
COUNSEL
Michael Bailey, United States Attorney; Krissa M. Lanham,
Assistant United States Attorney; United States Attorney’s Office, Phoenix, Arizona; for Plaintiff-Appellant.
Jon M. Sands, Federal Public Defender; Keith J. Hilzendeger,
Assistant Federal Public Defender; Office of the Federal Public Defender, Phoenix, Arizona; Jean-Claude André, Bryan Cave Leighton Paisner LLP, Santa Monica, California; for Defendant-Appellee.
ORDER
THOMAS, Chief Judge:
This Court previously stayed en banc proceedings in this
case pending the Supreme Court’s issuance of a decision in United States v. Borden, 769 Fed. App’x 266 (6th Cir. 2019), cert. granted, No. 19-5410, 2020 WL 981806 (U.S. Mar. 2, 2020) (mem.). On January 28, 2021, the government informed this Court that defendant-appellee, Selso Randy Orona, passed away. Due to Orona’s death, we dismiss this 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 as may be required, including the vacatur of any prior orders.” Stanley v. Ryan, 716 F.3d 1272 (9th Cir. 2013).
Herman J. Jones, As Administrator of The Estate of Lawrence P. Jones, Deceased Herman J. Jones and Genevieve Jones v. United States, 421 F.2d 835, 2d Cir. (1970)
Opinion of the Supreme Court of the United States, at January Term, 1832, Delivered by Mr. Chief Justice Marshall in the Case of Samuel A. Worcester, Plaintiff in Error, versus the State of Georgia
With a Statement of the Case, Extracted from the Records of the Supreme Court of the United States
Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges Thereof, in the Case of Dred Scott versus John F.A. Sandford
December Term, 1856.