The opinion
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
WILLIAM H. MORGAN III, )
By and through WILLIAM H. )
MORGAN IV, next of friend and )
attorney-in-fact, )
)
Plaintiff, )
)
-vs- ) Case No. CIV-22-316-F
)
JUSTIN BROWN, Director of )
Oklahoma Department of Human )
Services; MELODY ANTHONY, )
Director of Oklahoma Health Care )
Authority, )
)
Defendants. )
ORDER
The court is in receipt of the Notice of Death filed by plaintiff’s counsel,
advising that William H. Morgan III died on August 26, 2022. Doc. no. 21. With
that notice, plaintiff’s complaint and action for declaratory and injunctive relief
appears to be moot and subject to dismissal without prejudice. See, Pecha by and
through Pecha-Weber v. Lake, 700 Fed. Appx. 840, 841 (10th Cir. 2017)
(unpublished decision cited as persuasive pursuant to 10th Cir. R. 32.1(A)) (“This
case presents the question of whether a plaintiff’s death moots his request for an
injunction ordering certain officials of the State of Oklahoma to determine him
eligible for Medicaid benefits. We answer yes.”); see also, Estate of Schultz v.
Brown, 846 Fed. Appx. 689, 695 (10th Cir. 2021) (“‘[T]he dead are not susceptible
to continuing or future harm. . . .’” “[T]he applicant’s death cuts off any chance at
prospective relief in federal court.”) (quoting Pecha, 700 Fed. Appx. at 845).
If any party believes plaintiff's complaint and action is not moot, the party
shall so advise by filing a written notice on or before September 21, 2022. If no
written notice is filed within the time prescribed, the court will dismiss plaintiffs
complaint and action for declaratory and injunctive relief without prejudice as moot.
IT IS SO ORDERED this 13" day of September, 2022.
STEPHEN P. FRIOT
UNITED STATES DISTRICT JUDGE
22-03 16p005.docx