Opinion
No. 10-1513-pr.
July 13, 2011.
Appeal from the United States District Court for the Eastern District of New York (Eric N. Vitaliano, Judge).
UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that petitioner's appeal be DISMISSED as moot.
Lawrence F. Ruggiero, New York, NY, for Petitioner-Appellant.
Amy Appelbaum, Assistant District Attorney (Leonard Joblove, Assistant District Attorney, on the brief), for Charles J. Hynes, District Attorney, Kings County, Brooklyn, NY, for Respondent-Appellee.
Present: JOHN M. WALKER, JR., BARRINGTON D. PARKER and DEBRA ANN LIVINGSTON, Circuit Judges.
SUMMARY ORDER
Petitioner James Bumpus appealed from the district court's order denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus. On April 22, 2011, while his appeal was pending, Mr. Bumpus died. We therefore DISMISS the appeal as moot.