UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

JIMMY THRASHER,

Petitioner, Case No. 18-cv-11408 Hon. Matthew F. Leitman v.

ERICK BALCARCEL,

Respondent. __________________________________________________________________/

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 second- degree 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,

(1969) (concluding that habeas petition rendered “moot[ ] by reason of [the] death of petitioner”); Claiborne v. United States,

(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

(c); Fed. R. App. P. 22(b); Slack v. McDaniel,

(2000).

IT IS SO ORDERED. /s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE

Dated: September 22, 2021

I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on September 22, 2021, by electronic means and/or ordinary mail.

s/Holly A. Monda Case Manager (810) 341-9764