14 F.3d 350 - Hillman v. McCaughtry — 14 F.3d 350

How this case has been cited

Cited by 5 later decisions — most recently October 2012

5 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1William M. Conley, Bradley D. Jackson (argued), Foley & Lardner, Madison, WI, for Roger M. Hillman.

¶2Sally L. Wellman, Asst. Atty. Gen., Mary E. Burke, Asst. Atty. Gen. (argued), Office of the Atty. Gen., Wisconsin Dept, of Justice, Madison, WI, for Gary R. McCaughtry.

¶3Before FLAUM and RIPPLE, Circuit Judges, and WILL, District Judge.*

¶5PER CURIAM.

¶6This case is an appeal from the judgment of the district court that denied relief under 28 U.S.C. § 2254 to the petitioner. The case is currently under advisement after briefing and oral argument.

¶7By letter to the Clerk, dated January 3, 1994, counsel for the petitioner has advised this court that the petitioner died on December 21, 1993. This case is therefore moot. Accordingly, we vacate the judgment and remand the case to the district court with directions to dismiss the case as moot. See Knapp v. Baker, 509 F.2d 922, 922 (5th Cir.1975); Gornto v. MacDougall, 482 F.2d 361, 361 (5th Cir.1973). See also United States v. Munsingwear, 340 U.S. 36, 39, 71 S.Ct. 104, 106, 95 L.Ed. 36 (1950).

¶8 *351No costs are to be assessed in this court,

¶9VACATED AND Remanded with Instruc-0Ng