Harkness v. Quarterman

U.S. Court of Appeals for the Fifth Circuit November 20, 2007

Harkness v. Quarterman, 255 F. App'x 841 (5th Cir. 2007)

Opinion

PER CURIAM: *

Michael Wayne Harkness, former Texas prisoner # 1235550, pleaded guilty to felo *842 ny driving while intoxicated and was sentenced to four years of imprisonment. Harkness now seeks a certifícate of appealability (COA) to appeal the district court’s denial of his 28 U.S.C. § 2254 petition challenging the denial of mandatory supervision.

During the pendency of this appeal, Harkness was released from prison to mandatory supervision. As a result, Harkness’s due process claim challenging the denial of § 2254 petition has been rendered moot. See Spencer v. Kemna, 523 U.S. 1, 7, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998); Bailey v. Southerland, 821 F.2d 277, 278-79 (5th Cir. 1987). Accordingly, this appeal is dismissed as moot.

APPEAL DISMISSED; COA MOTION DENIED.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *842 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name: Michael Wayne HARKNESS, Petitioner-Appellant v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee
Status: Unpublished