-
Richard D. McMILLIN, Appellant,
v.
Michael BOWERSOX, Appellee.No. 96-1649WM.
United States Court of Appeals,
Eighth Circuit.Submitted Nov. 18, 1996.
Decided Dec. 31, 1996.On Appeal from the United States District Court for the Western District of Missouri.
William C. Odle, Kansas City, MO, argued (Timothy K. McNamara, on the brief), for appellant.
Frank A. Jung, Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, on the brief), for appellee.
Before RICHARD S. ARNOLD, Chief Judge, MAGILL, Circuit Judge, and LONGSTAFF,* District Judge.
PER CURIAM.
1The 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.
2McMillin 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).
3Accordingly, 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).
*The Hon. Ronald E. Longstaff, United States District Judge for the Southern District of Iowa, sitting by designation
Document Info
Docket Number: 96-1649
Citation Numbers: 102 F.3d 987
Filed Date: 12/31/1996
Precedential Status: Precedential
Modified Date: 3/3/2016