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)

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US Court of Appeals for the Ninth Circuit - 116 F.3d 1485 (9th Cir. 1997) Submitted June 17, 1997. **Decided June 23, 1997

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).



The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3