THRASHER v. BALCARCEL

Case No. 18-cv-11408.

JIMMY THRASHER, Petitioner, v. ERICK BALCARCEL, Respondent.

United States District Court, E.D. Michigan, Southern Division.

September 22, 2021.


OPINION AND ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS AS MOOT AND DENYING CERTIFICATE OF APPEALABILITY

Jimmy Thrasher filed a pro se habeas corpus petition challenging his seconddegree murder conviction. After a notice the Court sent to Thrasher was returned as undeliverable with a notation that Thrasher is deceased, the Court ordered Respondent to determine and inform the Court whether Thrasher is deceased. (See ECF No. 12.) On September 20, 2021, Respondent filed a suggestion of death under Fed. R Civ. P. 25(a) and a Prisoner Death Report Form confirming Thrasher's death. (See 13-1, PageID.291.)

A prisoner's death during the pendency of his habeas petition renders the habeas action moot. See Hailey v. Russell, 394 U.S. 915, 915 (1969) (concluding that habeas petition rendered "moot[ ] by reason of [the] death of petitioner"); Claiborne v. United States, 551 U.S. 87 (2007) (per curiam opinion vacating circuit court judgment as moot due to death of petitioner).

Accordingly, the Court DISMISSES as moot the petition for a writ of habeas corpus. The Court DENIES a certificate of appealability as jurists of reason could not debate the correctness of this ruling. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b); Slack v. McDaniel, 529 U.S. 473, 484-85 (2000).

IT IS SO ORDERED.


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