Opinion
2:22-CV-12048-TGB-CI
10-18-2022
SHIKISHA MONET TIDMORE, Plaintiff, v. JEREMY HOWARD, Defendant.
ORDER DISMISSING HABEAS PETITION AS MOOT
TERRENCE G. BERG, UNITED STATES DISTRICT JUDGE
On August 31, 2022, Petitioner Shikisha Tidmore filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . ECF No. 1. On October 14, 2022, Respondent Jeremy Howard filed a suggestion of death informing the Court that Ms. Tidmore passed away on September 24, 2022. ECF Nos. 9, 9-1. To qualify for relief under 28 U.S.C. § 2254(a), a person must be “in custody.” As consequence of her untimely passing, therefore, Ms. Tidmore's petition for a writ of habeas corpus must be DISMISSED as moot.
IT IS SO ORDERED.