Blevins v. Crowell, No. 2:2019cv00090 - Document 18 (E.D. Tenn. 2021)
Court Description: MEMORANDUM OPINION in support of the following judgment Order. Signed by District Judge R. Leon Jordan on 9/9/21. (petitioner is deceased)(ADA)
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Blevins v. Crowell Doc. 18 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE ) ) ) ) ) ) ) ) ) DAVID MICHAEL BLEVINS, Petitioner, v. GEORGIA CROWELL, Respondent. No. 2:19-CV-090-RLJ-CRW MEMORANDUM OPINION This prisoner pro se petition for a writ of habeas corpus is now before the Court pursuant to Respondent’s motion to dismiss this action as moot due to Petitioner’s death [Doc. 16]. In support thereof, Respondent filed records from the Tennessee Department of Correction establishing that Petitioner died on October 6, 2020, while incarcerated in the Northeast Correctional Complex [Doc. 16-1 p. 2–3]. For good cause shown therein, this motion [Id.] will be GRANTED and this action will be DISMISSED as moot. Hailey v. Russell, 394 U.S. 915, 89 S. Ct. 1200 (1969) (providing that “[u]pon the suggestion of mootness by reason of the death of petitioner, motion for leave to file petition for writ of habeas corpus dismissed”); Beach v. Humphries, No. 89-3483, 1990 WL 140574, at *1 (6th Cir. 1990) (finding that the death of the petitioner rendered the appeal involving a request for habeas corpus relief moot). AN APPROPRIATE JUDGMENT ORDER WILL ENTER. ENTER: s/ Leon Jordan United States District Judge Case 2:19-cv-00090-RLJ-CRW Document 18 Filed 09/09/21 Page 1 of 1 PageID #: 1048 Dockets.Justia.com
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