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IN RE: Kermit ALEXANDER; Bradley Winchell (2021)

United States Court of Appeals, Ninth Circuit.2021-09-16No. No. 19-70232

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Opinion

ORDER

Petitioners, who are family members of the victims of plaintiffs Michael Morales and Tiequon Cox, ask this court for a writ of mandate or prohibition. Petitioners sought an order requiring the district court to (1) vacate all stays of execution; (2) conditionally refrain from issuing further stays or injunctions of executions or preparations; and (3) include in any future stay order an expiration period of 90 days. After Petitioners filed their petition in this court, Governor Gavin Newsom issued an Executive Order imposing a moratorium on all executions, repealing Californias lethal-injection regulations, and closing the death chambers. In light of the Executive Order, all Plaintiffs and all Defendants filed a stipulated dismissal in the district court. Thereafter, Defendants filed a motion to dismiss Petitioners mandamus petition.

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(Dkt. No. 41). Petitioners do not oppose this motion.

We therefore GRANT the motion to DISMISS this petition. Each party shall bear its own costs and fees. The petition is DISMISSED.

FOOTNOTES

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.   Before filing their motion to dismiss, Defendants filed a request for judicial notice regarding their answer to Petitioners writ of mandamus. (Dkt. No. 17). Because we dismiss Petitioners’ appeal as moot, we need not rule on the request for judicial notice.