NICOLAUS v. WOODFORD, (N.D.Cal. 2003)

MAXINE CHESNEY, District Judge

TO: THE ABOVE ENTITLED COURT AND TO BILL LOCKYER, ATTORNEY GENERAL OF THE STATE OF CALIFORNIA BY SHARON BIRENBAUM, DEPUTY ATTORNEY GENERAL: PLEASE TAKE NOTICE that petitioner, ROBERT HENRY NICOLAUS, by his attorney, David Andersen hereby moves to withdraw his previously filed Petition for this Court's Writ of Habeas Corpus. Petitioner has died of heart failure while in custody. (See attached letter of Warden J.S. Woodford.) Accordingly, his petition is now moot.