Norman Timberlake v. EDWIN G. BUSS, Superintendent

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
December 5, 2007
Before
Hon. FRANK H. EASTERBROOK, Chief Judge
Hon. KENNETH F. RIPPLE, Circuit Judge
Hon. DANIEL A. MANION, Circuit Judge
No. 07-1086
NORMAN TIMBERLAKE,
Petitioner-Appellant,
v.
EDWIN G. BUSS, Superintendent,
Respondent-Appellee.
Appeal from the United
States District Court for the
Southern District of
Indiana, Indianapolis
Division.
No. 06 C 1841
Richard L. Young, Judge.
No. 07-3228
NORMAN TIMBERLAKE,
Plaintiff-Appellant,
v.
EDWIN G. BUSS, Superintendent, and J.
DAVID DONAHUE, Commissioner Indiana
Department of Correction,
Defendants-Appellees.
Appeal from the United
States District Court for the
Southern District of
Indiana, Indianapolis
Division.
No. 06 C 1859
Richard L. Young, Judge.
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
To be cited only in accordance with Fed. R. App. P.
32.1Not to be cited per Circuit Rule 53

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Nos. 07-1086 and 07-3228 Page 2
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).

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