Floyd v. Department of Corrections

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION FRANKLIN D. FLOYD, Petitioner, -VS- Case No. 8:06-cv-1402-WFJ-TGW SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent. / ORDER Mr. Floyd was an inmate of the Florida penal system when he initiated this action by filing a petition for the writ of habeas corpus challenging his sentence of death. On January 25, 2023, Respondent filed a Suggestion of Death stating Mr. Floyd died on January 23, 2023 (Doc. 196). Mr. Floyd’s habeas petition is therefore moot. See Powell v. McCormack, 89 S. Ct. 1944, 1951 (1969) (“[A] case is moot when the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome.”); Bruno v. Sec’y, Fla. Dep’t of Corr., 700 F.3d 445 (11th Cir. 2012) (“The death of the habeas petitioner renders a habeas action moot.”) (citation omitted). Accordingly, the stay (Doc. 193) is LIFTED, and the case is administratively reopened to address this matter. This action is DISMISSED as moot. The Clerk must close the case. ORDERED in Tampa, Florida, on January 25, 2023.

WILLIAM F. iS UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record