Stinson v. State of Alabama et al (INMATE1)

Filing 39

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

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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. ) ) ) ) ) ) ) ) ) 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

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