Tinsley v. Estes et al

Filing 5

MEMORANDUM OPINION. Signed by Judge Robert B Propst on 1/6/2014. (AVC)

FILED
2014 Jan-06 AM 09:04
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MARK LUKE TINSLEY,
Petitioner,
v.
WARDEN DEWAYNE ESTES and the
ATTORNEY GENERAL OF
THE STATE OF ALABAMA,
Respondents.

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Civil Action Number:
2:13-cv-1590-RBP-JEO

MEMORANDUM OPINION
The Petitioner, an Alabama state prisoner acting pro se, filed this action on August 28, 2013,
seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Clerk has received a letter notice
dated December 9, 2013, from the Central Records Clerk of the Alabama Department of Corrections
advising that Petitioner is deceased and thus no longer in DOC custody. (Doc. 4). The death of the
habeas petitioner renders a habeas action moot. Bruno v. Secretary, Fla. Dep’t of Corr., 700 F.3d 445
(11th Cir. 2012) (citing Dove v. United States, 423 U.S. 325 (1976)). Accordingly, this action is due to
be DISMISSED AS MOOT. A separate final order will be entered.
DONE, this 6th day of January, 2014.

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ROBERT B. PROPST
SENIOR UNITED STATES DISTRICT JUDGE