Bashara v. McRoberts

E.D. Michigan

Bashara v. McRoberts

DecidedAugust 20, 2020

Docket2:19-cv-11514

StatusUnknown

This text of Bashara v. McRoberts (Bashara v. McRoberts) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bashara v. McRoberts, (E.D. Mich. 2020).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROBERT MICHAEL BASHARA, Petitioner, v. CASE NO. 2:19-CV-11514 HONORABLE SEAN F. COX LEE MCROBERTS, Respondent. ________________________________/ OPINION AND ORDER DISMISSING AS MOOT THE PETITION FOR A WRIT OF HABEAS CORPUS Michigan prisoner Robert Michael Bashara (“Petitioner”) filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his Wayne County Circuit Court convictions for first-degree premeditated murder, Mich. Comp. Laws § 750.316(1)(a), conspiracy to commit first-degree murder, §§ 750.316(1)(a), 750.157a(a), solicitation to commit murder, § 750.157b(2), obstruction of justice, § 750.505a, and witness intimidation, § 750.122(7)(b). Petitioner was sentenced to concurrent terms of life imprisonment without the possibility of parole, 18 to 40 years imprisonment, two to 10 years imprisonment, and one to five years imprisonment on those convictions in 2015. The matter is currently before the Court because Petitioner has died. See https://www.freep.com/story/news/local/michigan/wayne/2020/08/18/bob-bashara-dead-murder- trial/ 3394847001/. The Michigan Department of Corrections Offender Tracking Information

System (“OTIS”) indicates that Petitioner was discharged from custody on August 17, 2020. See Petitioner’s Offender Profile, http://mdocweb.state.mi.us/OTIS2/otis2profile.aspx?mdocNumber=856261. A prisoner’s death during the pendency of his habeas petition renders his habeas action moot. See Claiborne v. United States, 551 U.S. 87 (2007) (per curiam opinion vacating circuit court judgment as moot due to death of petitioner); McMann v. Ross, 396 U.S. 118 (1969); Beach v.

Humphries, 914 F.2d 1494 (table), 1990 WL 140574, *1 (6th Cir. Sept. 21, 1990); accord Griffey v. Lindsey, 349 F.3d 1157 (9th Cir. 2003); Figueroa v. Rivera, 147 F.3d 77, 82 (1st Cir. 1998); Knapp v. Baker, 509 F.2d 922, 922 (5th Cir. 1975). Because Petitioner has died, the Court concludes that his habeas claims and this case have been rendered moot. Accordingly, the Court DISMISSES as moot the petition for a writ of habeas corpus. The Court also DENIES a certificate of appealability as jurists of reason could not debate the correctness of this procedural ruling. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b); Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). This case is closed.

IT IS SO ORDERED.

s/Sean F. Cox SEAN F. COX UNITED STATES DISTRICT JUDGE Dated: August 20, 2020

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROBERT MICHAEL BASHARA, Petitioner, v. CASE NO. 2:19-CV-11514 HONORABLE SEAN F. COX LEE MCROBERTS, Respondent. ________________________________/ OPINION AND ORDER DISMISSING AS MOOT THE PETITION FOR A WRIT OF HABEAS CORPUS Michigan prisoner Robert Michael Bashara (“Petitioner”) filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his Wayne County Circuit Court convictions for first-degree premeditated murder, Mich. Comp. Laws § 750.316(1)(a), conspiracy to commit first-degree murder, §§ 750.316(1)(a), 750.157a(a), solicitation to commit murder, § 750.157b(2), obstruction of justice, § 750.505a, and witness intimidation, § 750.122(7)(b). Petitioner was sentenced to concurrent terms of life imprisonment without the possibility of parole, 18 to 40 years imprisonment, two to 10 years imprisonment, and one to five years imprisonment on those convictions in 2015. The matter is currently before the Court because Petitioner has died. See https://www.freep.com/story/news/local/michigan/wayne/2020/08/18/bob-bashara-dead-murder- trial/ 3394847001/. The Michigan Department of Corrections Offender Tracking Information

System (“OTIS”) indicates that Petitioner was discharged from custody on August 17, 2020. See Petitioner’s Offender Profile, http://mdocweb.state.mi.us/OTIS2/otis2profile.aspx?mdocNumber=856261. A prisoner’s death during the pendency of his habeas petition renders his habeas action moot. See Claiborne v. United States, 551 U.S. 87 (2007) (per curiam opinion vacating circuit court judgment as moot due to death of petitioner); McMann v. Ross, 396 U.S. 118 (1969); Beach v.

Humphries, 914 F.2d 1494 (table), 1990 WL 140574, *1 (6th Cir. Sept. 21, 1990); accord Griffey v. Lindsey, 349 F.3d 1157 (9th Cir. 2003); Figueroa v. Rivera, 147 F.3d 77, 82 (1st Cir. 1998); Knapp v. Baker, 509 F.2d 922, 922 (5th Cir. 1975). Because Petitioner has died, the Court concludes that his habeas claims and this case have been rendered moot. Accordingly, the Court DISMISSES as moot the petition for a writ of habeas corpus. The Court also DENIES a certificate of appealability as jurists of reason could not debate the correctness of this procedural ruling. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b); Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). This case is closed.

IT IS SO ORDERED.

s/Sean F. Cox SEAN F. COX UNITED STATES DISTRICT JUDGE Dated: August 20, 2020

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