Myers v. Washington

Filing 11

OPINION and ORDER Dismissing 1 Petition for Writ of Habeas Corpus - Signed by District Judge Laurie J. Michelson. (JJoh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MICHAEL MYERS,
Petitioner,
v.

Case No. 13-cv-12004
Honorable Laurie J. Michelson
Magistrate Judge R. Steven Whalen

HEIDI WASHINGTON,
Respondent.
OPINION AND ORDER DISMISSING PETITION FOR WRIT OF HABEAS
CORPUS AS MOOT

This is a habeas action brought pursuant to 28 U.S.C. § 2254. Petitioner Michael
Myers challenges his convictions in Wayne County Circuit Court on two counts of firstdegree criminal sexual conduct. Now before the Court is Respondent’s “Suggestion of
Death,” in which Respondent asserts that the case has been rendered moot by Petitioner’s
death on October 31, 2014. (Dkt. 10.) Petitioner’s attorney has not submitted a response.
Respondent has submitted a Certificate of Death and Myers’ offender profile from
the Michigan Department of Corrections Offender Tracking Information System
(“OTIS”), which shows that Petitioner has been discharged from custody due to death.
(Dkts. 10-1; 10-2.) A prisoner’s death during the pendency of his habeas petition renders
his habeas action moot. See Claiborne v. United States, 551 U.S. 87 (2007) (per curiam
opinion vacating circuit court judgment as moot due to death of petitioner); McMann v.
Ross, 396 U.S. 118 (1969) (same); Beach v. Humphries, 914 F.2d 1494 (table), 1990 WL
140574, *1 (6th Cir. Sept. 21, 1990); accord Griffey v. Lindsey, 349 F.3d 1157 (9th Cir.

2003); Figueroa v. Rivera, 147 F.3d 77, 82 (1st Cir. 1998); McMillin v. Bowersox, 102
F.3d 987 (8th Cir. 1996); Knapp v. Baker, 509 F.2d 922, 922 (5th Cir. 1975). Because
Myers has died, the Court concludes that his habeas claims and this case have been
rendered moot.
Accordingly, the Court DISMISSES the petition for a writ of habeas corpus. The
Court also DENIES a certificate of appealability as jurists of reason could not debate the
correctness of this procedural ruling. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b);
Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). This case is closed.
IT IS SO ORDERED.
s/Laurie J. Michelson
LAURIE J. MICHELSON
UNITED STATES DISTRICT JUDGE
Dated: January 15, 2015

CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing document was served on the
attorneys and/or parties of record by electronic means or U.S. Mail on January 15, 2015.
s/Jane Johnson
Case Manager to
Honorable Laurie J. Michelson

2