Opinion
CASE NO. 5:15-cv-0423
02-06-2018
MELVIN JOHNSON v. N. BURL CAIN
JUDGE WALTER
MEMORANDUM ORDER
Melvin Johnson (DOC #107174) was convicted in Caddo Parish of armed robbery with a firearm and adjudicated a third-felony offender. He was sentenced to 198 years plus an additional five years for use of a firearm. The appellate court affirmed. State v. Johnson, 103 So.3d 542 (La. App. 2d Cir. 2012), writ denied, 105 S.3d 714 (La. 2013).
Petitioner filed a petition for writ of habeas corpus in this court in 2015. The State requested leave to file an extra-long brief. The court granted the request, and a copy of that order was mailed to Petitioner. It was soon returned from the Louisiana State Penitentiary with a notation "Not at LSP." There has been no further communication from Petitioner. The court recently inquired of officials at the penitentiary and was informed that Melvin Johnson (DOC #107174) died on October 12, 2015, which was a few days after the State filed its brief and shortly before his mail was returned.
The death of a habeas petitioner renders moot his petition for habeas corpus relief. Soffar v. Davis, 653 Fed. Appx. 813 (5th Cir. 2016); Knapp v. Baker, 509 F.2d 922 (5th Cir. 1975); Brian R. Means, Federal Habeas Manual, § 1:78, Death of Petitioner (2017) ("The death of the petitioner renders a habeas action moot."). Accordingly, the petition filed by Melvin Johnson is considered moot and is hereby dismissed. The Clerk of Court is directed to close this case.
THUS DONE AND SIGNED in Shreveport, Louisiana, this 6th day of February, 2018.
/s/ _________
Mark L. Hornsby
U.S. Magistrate Judge