ELLIS v. KING (2020)

Bryn Ellis, Mississippi prisoner # 186582, requested a certificate of appealability (COA) in order to appeal from the district court’s dismissal with prejudice of his 28 U.S.C. § 2254 application as time barred. Ellis’s death during the pendency of his COA motion has rendered his § 2254 application moot. See Soffar v. Davis, 653 F. App'x 813, 814 (5th Cir. 2016) (citing Knapp v. Baker, 509 F.2d 922, 922 (5th Cir. 1975)).

Accordingly, we DENY as unnecessary Ellis’s motion to expedite consideration of his COA motion, GRANT Ellis’s COA motion, VACATE the district court’s judgment, and REMAND the case with direction to dismiss Ellis’s § 2254 application as moot.

FOOTNOTES

FOOTNOTE.  

PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.