The opinion
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
KEVIN UNDERWOOD, )
)
Plaintiff, )
)
v. ) Case No. CIV-24-1266-G
)
OKLAHOMA PARDON AND )
PAROLE BOARD et al., )
)
Defendants. )
ORDER
Now before the Court is a Motion to Dismiss (Doc. No. 24) filed by counsel for
Plaintiff Kevin Underwood. No response has been submitted within the time allowed.
Mr. Underwood initiated this suit on December 4, 2024, seeking declaratory and
injunctive relief from the Court. The Motion represents, and the publicly available record
confirms, that Mr. Underwood was executed by the State of Oklahoma on December 19,
2024. See Pl.’s Mot. at 1.
Mr. Underwood’s death renders his claims for prospective relief moot and deprives
the Court of subject-matter jurisdiction over this action. See Estate of Schultz v. Brown,
846 F. App’x 689, 693 (10th Cir. 2021). Accordingly, dismissal is required. See Fed. R.
Civ. P. 12(h)(3).
CONCLUSION
The Motion to Dismiss (Doc. No. 24) is GRANTED. This action is dismissed
without prejudice.
A separate judgment shall be entered.
IT IS SO ORDERED this 15th day of January, 2025.
CHARLES B. GOODWIN
United States District Judge