593 F2d 21 Walker v. Warden U S Penitentiary Atlanta Georgia

593 F.2d 21

John Francis WALKER, Petitioner-Appellant,
v.
WARDEN, U. S. PENITENTIARY, ATLANTA, GEORGIA, Respondent-Appellee.

No. 78-1798.

United States Court of Appeals,
Fifth Circuit.

April 10, 1979.

Howard J. Manchel, Atlanta, Ga. (Court-appointed), for petitioner-appellant.

Nickolas P. Geeker, U. S. Atty., Pensacola, Fla., for respondent-appellee.

Before GEWIN, COLEMAN and GOLDBERG, Circuit Judges.

PER CURIAM:

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1

This appeal was orally argued in New Orleans on November 9, 1978.

2

The opinion of the Court was published February 2, 1979, and is reported 588 F.2d 1090.

3

Walker's attack on the Rule 11 proceedings in his case was rejected and on that issue the judgment of the District Court was affirmed.

4

However, we entered a limited remand with the request that the District Court conduct a hearing as to a detainer discussed in the opinion.

5

We are now advised, in an order duly entered by the District Court on remand, that John Francis Walker died January 24, 1979.

6

The death of the petitioner-appellant before the release of our opinion on February 2, 1979, moots the appeal.

7

It is therefore ORDERED that our prior opinion in this case, having been released after the death of the petitioner-appellant (the death not having been made known to the Court) is vacated as moot and the appeal is likewise dismissed as moot.

VACATED and DISMISSED

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8

For Mootness.