Blevins v. Crowell

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE

AT GREENEVILLE DAVID MICHAEL BLEVINS, )

) Petitioner, )

) v. ) No. 2:19-CV-090-RLJ-CRW

) GEORGIA CROWELL, )

) Respondent. )

MEMORANDUM OPINION This prisoner pro se petition for a writ of habeas corpus is now before the Court pursuant to Respondent’s motion to dismiss this action as moot due to Petitioner’s death [Doc. 16]. In support thereof, Respondent filed records from the Tennessee Department of Correction establishing that Petitioner died on October 6, 2020, while incarcerated in the Northeast Correctional Complex [Doc. 16-1 p. 2–3].

For good cause shown therein, this motion [Id.] will be GRANTED and this action will be DISMISSED as moot. Hailey v. Russell, 394 U.S. 915, 89 S. Ct. 1200 (1969) (providing that “[u]pon the suggestion of mootness by reason of the death of petitioner, motion for leave to file petition for writ of habeas corpus dismissed”); Beach v. Humphries, No. 89-3483, 1990 WL 140574, at *1 (6th Cir. 1990) (finding that the death of the petitioner rendered the appeal involving a request for habeas corpus relief moot).

AN APPROPRIATE JUDGMENT ORDER WILL ENTER.

ENTER: s/ Leon Jordan United States District Judge