McMillin v. Bowersox

Eighth Circuit

McMillin v. Bowersox

102 F.3d 987, 1996 WL 741863

CourtCourt of Appeals for the Eighth Circuit

DecidedDecember 31, 1996

DocketNo. 96-1649WM

StatusPublished

Cited by9 cases

This text of 102 F.3d 987 (McMillin v. Bowersox) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McMillin v. Bowersox, 102 F.3d 987, 1996 WL 741863 (8th Cir. 1996).

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Opinion

PER CURIAM.

The Court has received a Suggestion of Death in the above-captioned appeal. The suggestion reports that Richard McMillin, appellant, died at the Potosí Correctional Center on December 2,1996.

McMillin was before our Court appealing the denial of his petition for a writ of habeas corpus. Since his imprisonment ended upon his death, and there can be no future collateral consequences flowing from his imprisonment, his collateral attack is moot. Lane v. Williams, 455 U.S. 624, 102 S.Ct. 1322, 71 L.Ed.2d 508 (1982); McMann v. Ross, 396 U.S. 118, 90 S.Ct. 395, 24 L.Ed.2d 303 (1969).

Accordingly, the appeal is dismissed as moot, the judgment of the District Court is vacated, and the case is remanded with instructions to dismiss the petition as moot. See United States v. Munsingwear, Inc., 340 U.S. 36, 39-41, 71 S.Ct. 104, 106-07, 95 L.Ed. 36 (1950).

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PER CURIAM.

The Court has received a Suggestion of Death in the above-captioned appeal. The suggestion reports that Richard McMillin, appellant, died at the Potosí Correctional Center on December 2,1996.

McMillin was before our Court appealing the denial of his petition for a writ of habeas corpus. Since his imprisonment ended upon his death, and there can be no future collateral consequences flowing from his imprisonment, his collateral attack is moot. Lane v. Williams, 455 U.S. 624, 102 S.Ct. 1322, 71 L.Ed.2d 508 (1982); McMann v. Ross, 396 U.S. 118, 90 S.Ct. 395, 24 L.Ed.2d 303 (1969).

Accordingly, the appeal is dismissed as moot, the judgment of the District Court is vacated, and the case is remanded with instructions to dismiss the petition as moot. See United States v. Munsingwear, Inc., 340 U.S. 36, 39-41, 71 S.Ct. 104, 106-07, 95 L.Ed. 36 (1950).

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102 F.3d 987, 1996 WL 741863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmillin-v-bowersox-ca8-1996.

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