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.