Ellis v. King

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-60598

BRYN ELLIS,

Petitioner-Appellant

v.

RON KING, Superintendent,

Respondent-Appellee

Appeals from the United States District Court
for the Southern District of Mississippi
USDC No. 3:18-CV-850

Before HAYNES, GRAVES, and ENGELHARDT, Circuit Judges.
PER CURIAM:
*

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)).

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
United States Court of Appeals
Fifth Circuit
FILED
February 3, 2020

Lyle W. Cayce
Clerk
Case: 19-60598 Document: 00515295071 Page: 1 Date Filed: 02/03/2020

No. 19-60598
2
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.
Case: 19-60598 Document: 00515295071 Page: 2 Date Filed: 02/03/2020