Vanbuskirk v. Nunn

E.D. Oklahoma

Vanbuskirk v. Nunn

DecidedJanuary 23, 2023

Docket6:21-cv-00382

StatusUnknown

This text of Vanbuskirk v. Nunn (Vanbuskirk v. Nunn) is published on Counsel Stack Legal Research, covering District Court, E.D. Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vanbuskirk v. Nunn, (E.D. Okla. 2023).

Pincite

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA JOSEPH W. VANBUSKIRK, ) ) Petitioner, ) ) v. ) Case No. CIV 21-382-RAW-KEW ) SCOTT NUNN, Warden, ) ) Respondent. ) OPINION AND ORDER This matter is before the Court on Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On May 12, 2022, Respondent filed a Suggestion of Death, notifying the Court of Petitioner’s death on May 5, 2022, while in the custody of the Oklahoma Department of Corrections (DOC) (Dkt. 12). In support of his pleading, Respondent has attached an Interoffice Memorandum to the DOC Director from the Medical Services Administrator, advising of Petitioner’s death (Dkt. 12-1). A pending Section 2254 habeas petition does not survive the petitioner’s death. Towns v. Martin, No. CIV-12-1062-D, 2013 WL 1501610, at *1 (W.D. Okla. Mar. 20, 2013) (unpublished report and recommendation), adopted by district court, 2013 WL 1501607 (Apr. 11, 2013). See also Knapp v. Baker, 509 F.2d 922, 922-23 (5th Cir. 1975) (holding that the death of the petitioner in a pending habeas corpus action renders the case moot). The Court, therefore, finds this action should be denied at moot. ACCORDINGLY, Petitioner’s petition for a writ of habeas corpus (Dkt. 1) is DENIED as moot. IT IS SO ORDERED this 23rd day of January, 2023.

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA JOSEPH W. VANBUSKIRK, ) ) Petitioner, ) ) v. ) Case No. CIV 21-382-RAW-KEW ) SCOTT NUNN, Warden, ) ) Respondent. ) OPINION AND ORDER This matter is before the Court on Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On May 12, 2022, Respondent filed a Suggestion of Death, notifying the Court of Petitioner’s death on May 5, 2022, while in the custody of the Oklahoma Department of Corrections (DOC) (Dkt. 12). In support of his pleading, Respondent has attached an Interoffice Memorandum to the DOC Director from the Medical Services Administrator, advising of Petitioner’s death (Dkt. 12-1). A pending Section 2254 habeas petition does not survive the petitioner’s death. Towns v. Martin, No. CIV-12-1062-D, 2013 WL 1501610, at *1 (W.D. Okla. Mar. 20, 2013) (unpublished report and recommendation), adopted by district court, 2013 WL 1501607 (Apr. 11, 2013). See also Knapp v. Baker, 509 F.2d 922, 922-23 (5th Cir. 1975) (holding that the death of the petitioner in a pending habeas corpus action renders the case moot). The Court, therefore, finds this action should be denied at moot. ACCORDINGLY, Petitioner’s petition for a writ of habeas corpus (Dkt. 1) is DENIED as moot. IT IS SO ORDERED this 23rd day of January, 2023.

Cite This Page — Counsel Stack

Bluebook (online)

Vanbuskirk v. Nunn, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vanbuskirk-v-nunn-oked-2023.

Opinion

Related

Cite This Page — Counsel Stack