Duncan Peder McKenzie Jr. v. Rick Day, Director, Department of Corrections and Human Services
57 F.3d 1495·1995 WL 338659·1995 U.S. App. LEXIS 13934·95 Cal. Daily Op. Serv. 4275
United States Court of Appeals for the Ninth CircuitJune 8, 199595-99006California77 words
Opinion
ORDER
The motion filed May 23, 1995, to dismiss this appeal and vacate prior orders is granted in part. The appellant Duncan Peder McKenzie, Jr. was executed May 10, 1995. By reason of his execution, his appeal from the denial of his petition for a writ of habeas corpus has become moot. Accordingly, the motion to dismiss the appeal as moot is granted.
The motion to vacate the prior orders of this court is denied.
APPEAL DISMISSED.