Richard D. McMillin v. Michael Bowersox

Opinion

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No. 96-1649WM _____________

Richard D. McMillin, * * Appellant, * On Appeal from the United * States District Court v. * for the Western District * of Missouri * Michael Bowersox, * [To Be Published] * Appellee. *

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Submitted: November 18, 1996

Filed: December 31, 1996 ___________

Before RICHARD S. ARNOLD, Chief Judge, MAGILL, Circuit Judge, and LONGSTAFF,* District Judge. ___________

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 Potosi 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

*The Hon. Ronald E. Longstaff, United States District Judge for the Southern District of Iowa, sitting by designation. flowing from his imprisonment, his collateral attack is moot. Lane v. Williams, 455 U.S. 624 (1982); McMann v. Ross, 396 U.S. 118 (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 (1950).

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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