Portis v. Conerly

Filing 14

OPINION and ORDER Dismissing 1 Petition for Writ of Habeas Corpus Signed by District Judge John Corbett O'Meara. (WBar)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROBERT PORTIS, Petitioner, No. 09-13478 Hon. John Corbett O'Meara vs. PERCY CONNERLY, Respondent. ______________________________/ OPINION & ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS AS MOOT Petitioner, Robert Portis, filed a pro se petition for a writ of habeas corpus on September 2, 2009, pursuant to 28 U.S.C. § 2254, arguing that he was incarcerated in violation of his constitutional rights. In his pro se petition, Petitioner challenged his Wayne Circuit Court conviction for armed robbery. The Michigan Department of Corrections' Offender Tracking Information System (OTIS), which this Court is permitted to take judicial notice of, See Ward v. Wolfenbarger, 323 F. Supp. 2d 818, 821, n. 3 (E.D. Mich. 2004), indicates that Petitioner died on June 23, 2010. The death of an inmate during the pendency of his habeas petition renders the habeas action moot and deprives the federal court of jurisdiction over the case. Griffey v. Lindsey, 349 F.3d 1157, 1157 (9th Cir. 2003); Figueroa v. Rivera, 147 F.3d 77, 82 (1st Cir. 1998); Knapp v. Baker, 509 F.2d 922, 922 (5th Cir. 1975); In Re Kravitz, 504 F. Supp. 43, 52 (M.D. Pa. 1980). Based upon the foregoing, the Court concludes that Petitioner's habeas claims have been rendered moot by his death. Accordingly, 1 IT IS ORDERED that the petition for writ of habeas of corpus is DISMISSED AS MOOT. s/John Corbett O’Meara United States District Judge Date: August 12, 2011 I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, August 12, 2011, using the ECF system and/or ordinary mail. s/William Barkholz Case Manager 2

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