Opinion
Nos. 07-1086, 07-3228.
December 5, 2007.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 06 C 1859.
Before Hon. FRANK H. EASTERBROOK, Chief Judge.
Hon. KENNETH F. RIPPLE, Circuit Judge.
Hon. DANIEL A. MANION, Circuit Judge.
ORDER
Norman Timberlake, who was not only the petitioner in a federal collateral attack on his state sentence but also the plaintiff in an action under 42 U.S.C. § 1983 contesting the manner in which the state proposed to carry out the capital sentence, died on November 10, 2007, while appeals in both proceedings were pending in this court. Appeal No. 07-1086, which concerns the proceeding under 28 U.S.C. § 2254, has abated and is dismissed. See Johnson v. Tennessee, 214 U.S. 485 (1909). The § 1983 action has become moot, and the district court's judgment is vacated and the case remanded with instructions to dismiss for lack of a case or controversy. See United States v. Munsingwear, Inc., 340 U.S. 36 (1950).