Baumruk v. Steele

Filing 52

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the petition is DISMISSED as moot. An Order of Dismissal will be filed separately.. Signed by District Judge Audrey G. Fleissig on 11/14/14. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KENNETH BAUMRUK,

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Petitioner,
v.
TROY STEELE,
Respondent,

No. 4:12CV804 AGF

MEMORANDUM AND ORDER
Respondent has filed a Suggestion of Death. Respondent reports that Kenneth Baumruk
died of natural causes at the Potosi Correctional Center on October 31, 2014. Petitioner has not
filed any response.
Baumruk sought habeas relief from his capital conviction. “Since his imprisonment
ended upon his death, and there can be no future collateral consequences flowing from his
imprisonment, his collateral attack is moot.” McMillin v. Bowersox, 102 F.3d 987, 987 (8th Cir.
1996) (per curiam).
Accordingly,
IT IS HEREBY ORDERED that the petition is DISMISSED as moot.
An Order of Dismissal will be filed separately.
Dated this 14th day of November, 2014.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE