NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1

United To be citedStates Court only in accordance of R.Appeals with Fed. App. P. 32.1Not to be cited per Circuit Rule 53 For the Seventh Circuit Chicago, Illinois 60604

December 5, 2007

Before

Hon. FRANK H. EASTERBROOK, Chief Judge

Hon. KENNETH F. RIPPLE, Circuit Judge

Hon. DANIEL A. MANION, Circuit Judge

No. 07-1086 Appeal from the United NORMAN TIMBERLAKE, States District Court for the Petitioner-Appellant, Southern District of Indiana, Indianapolis v. Division.

EDWIN G. BUSS, Superintendent, No. 06 C 1841 Respondent-Appellee. Richard L. Young, Judge.

No. 07-3228 Appeal from the United NORMAN TIMBERLAKE, States District Court for the Plaintiff-Appellant, Southern District of Indiana, Indianapolis v. Division.

EDWIN G. BUSS, Superintendent, and J. No. 06 C 1859 DAVID DONAHUE, Commissioner Indiana Richard L. Young, Judge. Department of Correction, Defendants-Appellees. Nos. 07-1086 and 07-3228 Page 2

Order

Norman Timberlake, who was not only the petitioner in a federal collateral attack on his state sentence but also the plaintiff in an action under 42 U.S.C. §1983 contesting the manner in which the state proposed to carry out the capital sentence, died on November 10, 2007, while appeals in both proceedings were pending in this court. Appeal No. 07-1086, which concerns the proceeding under 28 U.S.C. §2254, has abated and is dismissed. See Johnson v. Tennessee, 214 U.S. 485 (1909). The §1983 action has become moot, and the district court’s judgment is vacated and the case remanded with instructions to dismiss for lack of a case or controversy. See United States v. Munsingwear, Inc., 340 U.S. 36 (1950).