Kopson v. Department of Corrections

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 19-CV-61642-BLOOM/REID

STEVEN J. KOPSON,

Petitioner,

v.

MARK S. INCH,

Respondent.

/

ORDER THIS CAUSE initially came before the Court upon a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. ECF No. [1]. The Court referred this matter to the Honorable Lissette M. Reid for a Report and Recommendation. See ECF No. [2]. However, according to online state- operated sources, Petitioner died while his Petition has been pending.1 As set forth below, this action will be dismissed as moot. The Eleventh Circuit has held that “[t]he death of [a] habeas petitioner renders a habeas action moot.” Bruno v. Sec’y, Fla. Dep’t of Corr., 700 F.3d 445, 445 (11th Cir. 2012); see also Soliman v. U.S. ex rel. INS, 296 F.3d 1237, 1242 (11th Cir. 2002) (discussing mootness).

1 Pursuant to Fed. R. Evid. 201(b)(2), Petitioner’s death can be readily determined by searching for his name on the following site operated by the Florida Department of Corrections: http://www.dc.state.fl.us/OffenderSearch/Search.aspx. In addition, Petitioner’s name and prison number appears on a list of persons who died in the custody of the Florida Department of Corrections during the fiscal year of 2019-2020: http://www.dc.state.fl.us/pub/mortality/2019- 2020.html. CASE NO. 19-CV-61642-BLOOM/REID

Accordingly, it is ORDERED AND ADJUDGED that: 1, The Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, ECF No. [1], is DENIED AS MOOT; 2. The Clerk shall CLOSE this case. DONE AND ORDERED in Chambers at Miami, Florida, on September 1, 2020.

BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: Steven J. Kopson (deceased) B09606 South Bay Correctional Facility Inmate Mail/Parcels 600 U S Highway 27 South South Bay, FL 33493-2233 PRO SE Richard Chambers Valuntas Florida Attorney General's Office 1515 N. Flagler Dr. #900 West Palm Beach, FL 33401 561-837-5016 Fax: 561-837-5108 Email: CrimAppWPB @MyFloridaLegal.com Noticing 2254 SAG Broward and North Email: CrimAppWPB @MyFloridaLegal.com