Spencer v. Scutt

Filing 39

ORDER DISMISSING AS MOOT re 1 Petition for Writ of Habeas Corpus, filed by Frederick Spencer. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
FREDERICK TED SPENCER,
Petitioner,

CASE NO. 09-13362

v.

HONORABLE PATRICK J. DUGGAN

DEBRA SCUTT,
Respondent.
/
ORDER
On February 6, 2013, this Court issued an Opinion and Order conditionally
granting Petitioner Frederick Ted Spencer’s Writ of Habeas Corpus. Judgment
was entered the same day and Respondent subsequently appealed. On January 19,
2014, after oral argument but while his habeas petition remained pending before
the United States Court of Appeals for the Sixth Circuit, Mr. Spencer passed away.
Mr. Spencer’s counsel notified the Sixth Circuit of his passing and filed Mr.
Spencer’s death certificate. As a result, the Sixth Circuit entered an Order
declaring Mr. Spencer’s habeas petition moot. Spencer v. Scutt, No. 13-1233 (Feb.
20, 2014) (citing Lockhart v. McCree, 476 U.S. 162, 168 n.2, 106 S. Ct. 1758,
1762 n.2 (1986) and Knapp v. Baker, 509 F.2d 922 (5th Cir. 1975)). The Sixth
Circuit’s Order vacated this Court’s February 6, 2013 Opinion and Order and

remanded the matter to this Court “with direction to dismiss Mr. Spencer’s petition
as moot.” Id.
In accordance with the Sixth Circuit’s directive, this Court DISMISSES Mr.
Spencer’s writ of habeas corpus AS MOOT.
Dated: March 3, 2014

s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Copies to:
David A. Moran, Esq.
Imran J. Syed, Esq.
Sarah C. Zearfoss, Esq.
John S. Pallas, A.A.G.
Linus R. Banghart-Linn, A.A.G.

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