Dansby v. Norris

Filing 280

MEMORANDUM OPINION. Signed by Honorable Susan O. Hickey on August 14, 2014. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
JOE LOUIS DANSBY

PETITIONER

V.

CIVIL NO. 4:02-cv-04141

RAY HOBBS, Director
Arkansas Department of Corrections

RESPONDENT

MEMORANDUM OPINION
Petitioner, Joe Louis Dansby, filed this Petition for Writ of Habeas Corpus pursuant to 28
U.S.C. § 2254 in the Eastern District of Arkansas on October 11, 2002. The Petition was
transferred to this Court on November 20, 2002. (ECF No. 1). Petitioner subsequently filed a First
Amended Petition on June 20, 2003. (ECF No. 13). In his First Amended Petition, Petitioner
petitioned the Court for a writ of habeas corpus under 28 U.S.C. § 2254 on the ground that he was
in the custody of the Arkansas Department of Correction pursuant to two convictions for capital
murder and two sentences of death in violation of the Fifth, Sixth, Eighth, and Fourteenth
Amendments to the United States Constitution. (ECF No. 13).
The Court, most recently, held an evidentiary hearing in this matter on July 23, 2013. The
parties briefed the issues raised in this hearing, and the Court held the matter under advisement.
However, before the Court could issue a ruling, Petitioner’s counsel filed a Notice of Death on July
9, 2014 informing the Court Petitioner died on July 7, 2014. Subsequently, the Court received an
Order of Discharge by Death from the Arkansas Department of Corrections Ouachita River Unit.
This Order of Discharge indicated Petitioner was discharged from the Arkansas Department of
Correction on July 8, 2014 due to his July 7, 2014 death. ECF No. 279.
Petitioner’s First Amended Petition for Writ of Habeas Corpus does not survive his death.

See Hann v. Hawk, 205 F.2d 839, 840 (8th Cir. 1953) (holding an appeal of judgment granting writ
of habeas corpus became moot upon the death of the prisoner). See also Farmer v. McDaniel, 692
F.3d 1052 (9th Cir. 2012) (ordering the district court to dismiss as moot the petition for writ of
habeas corpus when the petitioner died while the appeal of the judgment on the petition was
pending); Griffey v. Lindsey, 349 F.3d 1157 (9th Cir. 2003) (same); Himman v. McCaughtry, 14
F.3d 350 (7th Cir. 1994); Knapp v. Baker, 509 F.2d 922 (5th Cir. 1975) (per curiam) (petitioner’s
death rendered appeal of district court’s grant of writ of habeas corpus moot). Accordingly,
Petitioner’s First Amended Petition for Writ of Habeas Corpus (ECF No. 13) is DISMISSED as
moot.
IT IS SO ORDERED this 14th day of August 2014.

/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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