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McMILLIN v. BOWERSOX

No. 96-1649WM.

102 F.3d 987 (1996)

Richard D. McMILLIN, Appellant, v. Michael BOWERSOX, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 31, 1996.

Attorney(s) appearing for the Case

William C. Odle, Kansas City, MO, argued (Timothy K. McNamara, on the brief), for appellant.

Frank A. Jung, Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, on the brief), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, MAGILL, Circuit Judge, and LONGSTAFF, District Judge.

PER CURIAM.

The Court has received a Suggestion of Death in the above-captioned appeal. The suggestion reports that Richard McMillin, appellant, died at the Potosi Correctional Center on December 2, 1996.

McMillin was before our Court appealing the denial of his petition for a writ of habeas corpus. Since his imprisonment ended upon his death, and there can be no future collateral consequences flowing from his imprisonment, his collateral attack is moot. ...

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