Justin White v. Commissioner, Alabama Department of Corrections

USCA11 Case: 23-13981 Document: 37-1 Date Filed: 01/07/2025 Page: 1 of 2

[DO NOT PUBLISH] In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 23-13981

Non-Argument Calendar ____________________

JUSTIN MATTHEW WHITE,

Petitioner-Appellant, versus

COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS,

Respondent-Appellee.

____________________

Appeal from the United States District Court for the Northern District of Alabama D.C. Docket No. 2:21-cv-01700-CLM USCA11 Case: 23-13981 Document: 37-1 Date Filed: 01/07/2025 Page: 2 of 2

2 Opinion of the Court 23-13981 ____________________

Before WILLIAM PRYOR, Chief Judge, and JILL PRYOR and WILSON, Circuit Judges.

PER CURIAM:

Justin White moved to stay and hold in abeyance his 28 U.S.C. § 2254 petition pending the exhaustion of a single claim in the state courts of Alabama. See 28 U.S.C. § 2254(b)(1)(A). The district court denied his motions and ordered him to file an amended petition deleting his unexhausted claim or face dismissal of his entire petition. He filed this interlocutory appeal challenging the district court’s orders. While the appeal was pending, the Su- preme Court of Alabama denied his writ of certiorari raising the claim, thus completing the State’s appellate review process and rendering the claim exhausted. Ex parte White, SC-2024-0717 (Ala. Dec. 20, 2024) (unpublished). White now moves to dismiss his in- terlocutory appeal because it is moot, and the Court thus lacks ju- risdiction. Because we can no longer grant White meaningful relief, his motion to dismiss is GRANTED, and the appeal is DISMISSED as moot.