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Martin v. Bakewell

United States District Court, D. Nebraska
Jun 9, 2008
8:08CV117 (D. Neb. Jun. 9, 2008)

Opinion

8:08CV117.

June 9, 2008


MEMORANDUM AND ORDER


It has come to the court's attention that Petitioner in this matter, Clenix Martin, may be deceased. See John Ferak, Omaha Man Dies of Gunshots, Omaha World Herald, May 12, 2008, available at http://www.omaha.com/index.php?u_page=2798u_sid=10333017. When a habeas corpus petitioner dies, "there can be no future collateral consequences flowing from his imprisonment, [and] his collateral attack is moot." McMillin v. Bowersox, 102 F.3d 987 (8th Cir. 1996).

IT IS THEREFORE ORDERED that:

1. No later than July 7, 2008, Respondents shall conduct an investigation and submit to the court a statement regarding whether Petitioner is, in fact, deceased.

2. The Clerk of the court shall set a pro se case management deadline in this case with the following text: July 7, 2008: Respondent's statement regarding Petitioner due.


Summaries of

Martin v. Bakewell

United States District Court, D. Nebraska
Jun 9, 2008
8:08CV117 (D. Neb. Jun. 9, 2008)
Case details for

Martin v. Bakewell

Case Details

Full title:CLENIX MARTIN, Petitioner, v. DENNIS BAKEWELL, Warden, et al., Respondents

Court:United States District Court, D. Nebraska

Date published: Jun 9, 2008

Citations

8:08CV117 (D. Neb. Jun. 9, 2008)