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)

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,

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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

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