Zewiey v. Secretary, Department of Corrections

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION

LAWRENCE M. ZEWIEY,

Petitioner,

v. Case No: 5:22-cv-379-WFJ-PRL

SECRETARY, DEPARTMENT OF CORRECTIONS and FLORIDA ATTORNEY GENERAL,

Respondents.

ORDER

This cause is before the Court on Petitioner Lawrence M. Zewiey’s Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254. (Doc. 1). On December 8, 2022, the State filed a Suggestion of Death, noting that Petitioner died on October 10, 2022. (Doc. 7). Petitioner’s death renders this habeas action moot. See Bruno v. Sec’y, Fla. Dep’t of Corr., 700 F.3d 445 (11th Cir. 2012) (“The death of the habeas petitioner renders a habeas action moot.”). Accordingly, it is now ORDERED AND ADJUDGED: 1. The Petition for Writ of Habeas Corpus (Doc. 1) is DENIED as moot, and this case is DISMISSED without prejudice. 2. The Clerk is directed to enter judgment accordingly, terminate any pending motions, and close the file. DONE AND ORDERED at Tampa, Florida, on February 13, 2023.

WILLIAM F. ca UNITED STATES DISTRICT JUDGE

Copies: Counsel of Record