Neal Allen Hage, Petitioner-appellant, v. James M. Gamble, Administrator, Montana State Prison;joseph P. Mazurek, Attorney General for the Stateof Montana, Respondents-appellees, 116 F.3d 1485 (9th Cir. 1997)Annotate this Case
Appeal from the United States District Court for the District of Montana, CV-94-00049-PGH; Paul G. Hatfield, District Judge, Presiding.
Before: GOODWIN, SCHROEDER, and TASHIMA, Circuit Judges.
Neal Allen Hage, a Montana state prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for deliberate homicide. On May 29, 1997, this court received notice that Hage died on May 15, 1997. Accordingly, we dismiss Hage's appeal as moot. See Picrin-Peron v. Rison, 930 F.2d 773, 775 (9th Cir. 1991) (habeas petition moot if court without power to grant requested relief); see also United States v. Pauline, 625 F.2d 684, 685 (9th Cir. 1980) (holding that only death pending a direct appeal will abate all proceedings from their inception; whereas death pending subsequent petitions for review will result in dismissal of petition).