Kopson v. Department of Corrections

United States District Court for the Southern District of Florida

Kopson v. Department of Corrections

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 19-CV-61642-BLOOM/REID

STEVEN J. KOPSON,

Petitioner,

v.

MARK S. INCH,

Respondent.

/

ORDER THIS CAUSE initially came before the Court upon a Petition for Writ of Habeas Corpus pursuant to

28 U.S.C. § 2254

. ECF No. [1]. The Court referred this matter to the Honorable Lissette M. Reid for a Report and Recommendation. See ECF No. [2]. However, according to online state- operated sources, Petitioner died while his Petition has been pending.1 As set forth below, this action will be dismissed as moot. The Eleventh Circuit has held that “[t]he death of [a] habeas petitioner renders a habeas action moot.” Bruno v. Sec’y, Fla. Dep’t of Corr.,

700 F.3d 445, 445

(11th Cir. 2012); see also Soliman v. U.S. ex rel. INS,

296 F.3d 1237, 1242

(11th Cir. 2002) (discussing mootness).

1 Pursuant to Fed. R. Evid. 201(b)(2), Petitioner’s death can be readily determined by searching for his name on the following site operated by the Florida Department of Corrections: http://www.dc.state.fl.us/OffenderSearch/Search.aspx. In addition, Petitioner’s name and prison number appears on a list of persons who died in the custody of the Florida Department of Corrections during the fiscal year of 2019-2020: http://www.dc.state.fl.us/pub/mortality/2019- 2020.html. CASE NO. 19-CV-61642-BLOOM/REID

Accordingly, it is ORDERED AND ADJUDGED that: 1, The Petition for Writ of Habeas Corpus pursuant to

28 U.S.C. § 2254

, ECF No. [1], is DENIED AS MOOT; 2. The Clerk shall CLOSE this case. DONE AND ORDERED in Chambers at Miami, Florida, on September 1, 2020.

BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: Steven J. Kopson (deceased) B09606 South Bay Correctional Facility Inmate Mail/Parcels 600 U S Highway 27 South South Bay, FL 33493-2233 PRO SE Richard Chambers Valuntas Florida Attorney General's Office 1515 N. Flagler Dr. #900 West Palm Beach, FL 33401 561-837-5016 Fax: 561-837-5108 Email: CrimAppWPB @MyFloridaLegal.com Noticing 2254 SAG Broward and North Email: CrimAppWPB @MyFloridaLegal.com

Reference

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