Houston v. Director, TDCJ-CID

Opinion

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DARRIN HOUSTON, § § Petitioner, § Vv. § Civil Action No. 3:19-CV-901-L-BH § DIRECTOR, TDCJ-CID, § § Respondent. § ORDER On January 7, 2022, the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) (Doc. 21) was entered, recommending that the court dismiss this habeas action as moot in light of Petitioner’s death as evidenced by the Custodial Death Report submitted by Respondent. As correctly noted by the magistrate judge, a habeas petitioner’s “death moots his federal habeas corpus claim,” and warrants dismissal of a habeas action on this ground. Soffar v. Davis, 653 F. App’x 813, 814 (Sth Cir. 2016). Accordingly, having considered the habeas petition, the file, record in this case, the Report, and Respondent’s evidence of Petitioner’s death, the court determines that the findings and conclusions of the magistrate judge are correct; accepts them as those of the court; and dismisses this action as moot. It is so ordered this 28th day of January, 2022.

“ “Sam A. Lindsay United States District Judge

Order — Solo Page