Thrasher v. Balcarcel

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, 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. /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