Ellison v. Director - Texas Department of Criminal Justice, Correctional Institutions Division

Filing 9

MEMORANDUM OPINION regarding petitioner's petition. Signed by Judge Thad Heartfield on 8/31/09. (bjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION CHRISTOPHER JOHN ELLISON VS. DIRECTOR, TDCJ-CID § § § MEMORANDUM OPINION Petitioner Christopher John Ellison, a former prisoner at the Stiles Unit of the Texas Department of Criminal Justice, Correctional Institutions Division (TDCJ-CID), proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Discussion At the time this petition was filed, petitioner was a prisoner confined at the Stiles Unit. He did not seek relief from his conviction or sentence. Instead, he challenged the constitutionality of a prison disciplinary conviction. Petitioner also alleged that he was denied parole as a result of the disciplinary conviction. On May 4, 2009, petitioner filed a pleading in which he asserts that his disciplinary conviction was overturned by prison officials. The court has been advised by a TDCJ employee that petitioner was released on parole on June 23, 2009. Petitioner has received the relief he sought: his disciplinary conviction has been overturned, and he has been released on parole. Therefore, the petition for writ of habeas corpus is moot and should be dismissed. See Bailey v. Southerland, 821 F.2d 277, 278 (5th Cir. 1987). CIVIL ACTION NO. 1:08-CV-878

Conclusion This petition for writ of habeas corpus, brought pursuant to 28 U.S.C. § 2254, should be dismissed as moot. A final judgment shall be entered in accordance with this Memorandum Opinion. SIGNED this the 31 day of August, 2009.

____________________________ Thad Heartfield United States District Judge

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