Summary
In McMillin v. Bowersox, 102 F.3d 987 (8th Cir.1996), the court stated: "Since his imprisonment ended upon his death, and there can be no future collateral consequences flowing from his imprisonment, his collateral attack is moot."
Summary of this case from Kirkland v. StateOpinion
No. 96-1649WM
Submitted November 18, 1996
Filed December 31, 1996
Counsel who presented argument on behalf of the appellant was William C. Odle of Kansas City, Missouri. Appearing on the brief was Timothy K. McNamara.
Counsel who presented argument on behalf of the appellee was Frank A. Jung of Jefferson City, Missouri. Appearing on the brief was Jeremiah W. (Jay) Nixon.
On Appeal from the United States District Court for the Western District of Missouri.
The Court has received a Suggestion of Death in the above-captioned appeal. The suggestion reports that Richard McMillin, appellant, died at the Potosi Correctional Center on December 2, 1996.
McMillin was before our Court appealing the denial of his petition for a writ of habeas corpus. Since his imprisonment ended upon his death, and there can be no future collateral consequences flowing from his imprisonment, his collateral attack is moot. Lane v. Williams, 455 U.S. 624 (1982); McMann v. Ross, 396 U.S. 118 (1969).
Accordingly, the appeal is dismissed as moot, the judgment of the District Court is vacated, and the case is remanded with instructions to dismiss the petition as moot. See United States v. Munsingwear, Inc., 340 U.S. 36, 39-41 (1950).