Stinson v. State of Alabama et al (INMATE1)

Filing 39

OPINION. Signed by Honorable Judge Myron H. Thompson on 11/16/12. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

RENA D. STINSON,
Petitioner,
v.
STATE OF ALABAMA, et al.,
Respondents.

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CIVIL ACTION NO.
2:10cv66-MHT

OPINION
Pursuant to 28 U.S.C.A. § 2254, petitioner, a state
inmate, filed this lawsuit seeking habeas relief.

This

lawsuit is now before the court on the recommendation of
the United States Magistrate Judge that petitioner’s writ
petition be dismissed because petitioner is deceased.
There are no objections to the recommendation.

After an

independent and de novo review of the record, the court
concludes

that

the

should be adopted.

magistrate

judge’s

recommendation

See Bruno v. Secretary, Florida Dept.

of Corrections, ____ F.3d ____, 2012 WL 5306140 (11th

Cir. 2012) (“The death of the habeas petitioner renders
a habeas action moot. ... In light of this, we vacate the
judgment and remand the case to the district court with
directions to dismiss the case as moot.”) (citations
omitted).
An appropriate judgment will be entered.
DONE, this the 16th day of November, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE