Gregory Dickens v. Charles L. Ryan

ORDER

Gregory Scott Dickens appealed the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. In a divided en banc opinion, we affirmed in part, vacated in part, and remanded the district court’s judgment. See Dickens v. Ryan, 740 F.3d 1302, 1322 (9th Cir.2014) (en banc). The court was later advised that Dickens died *1148on January 27, 2014 — four days after the publication of our opinion. On January 29, 2014, the state of Arizona moved to stay the mandate, vacate the filed opinion, and dismiss the petition as moot. Because the state has failed to “demonstrate ... equitable…