Unpublished Dispositionfrank L. Hook, Petitioner-appellant, v. Harry J. Berkemer, Franklin County Sheriff, Respondent-appellee, 772 F.2d 907 (6th Cir. 1985)

This matter is before the Court upon consideration of the appellee's motion to dismiss and supplemental motion to dismiss this habeas corpus action. The appellant has failed to respond thereto.

It appears that appellant initiated this habeas corpus to challenge the constitutionality of his conviction. While on appeal in this Court, a new trial was granted by the Franklin County Common Pleas Court. He was retried and convicted. This habeas corpus action seeking relief from his original conviction is moot. Lowe v. Duckworth, 663 F.2d 42 (7th Cir. 1981); Sloan v. State of Texas, 469 F.2d 677 (5th Cir. 1972); McLain v. Beto, 458 F.2d 503 (5th Cir. 1972), cert. denied, 409 U.S. 979 (1972).

It is ORDERED that the motion to dismiss be granted and the judgment be vacated and the case remanded to the district court with instructions to dismiss as moot.