Martin v. Bakewell et al

Filing 13

MEMORANDUM AND ORDER - 1. This matter is dismissed with prejudice.2. A separate judgment will be entered in accordance with thisMemorandum and Order.Ordered by Chief Judge Joseph F. Bataillon. (PCV)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA CLENIX MARTIN, Petitioner, v. DENNIS BAKEWELL, Warden, et al., Respondents. ) ) ) ) ) ) ) ) ) ) 8:08CV117 MEMORANDUM AND ORDER This matter is before the court on its own motion. On June 9, 2008, the court ordered Respondent to conduct an investigation regarding whether Petitioner is deceased. (Filing No. 11.) On June 12, 2008, Respondent filed a statement confirming that Petitioner is, in fact, deceased. (Filing No. 12.) Because Petitioner is deceased, "there can be no future collateral consequences flowing from his imprisonment." McMillin v. Bowersox, 102 F.3d 987 (8th Cir. 1996). This matter is therefore dismissed. IT IS THEREFORE ORDERED that: 1. This matter is dismissed with prejudice. 2. A separate judgment will be entered in accordance with this Memorandum and Order. September 17, 2008. BY THE COURT: s/ Joseph F. Bataillon Chief United States District Judge

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