Althouse v. Waybourn

Filing 8

Memorandum Opinion and Order...Court grants motion to dismiss, dismissed pettioner's petition for writ of habeas corpus for mootness; certificate of appealability denied. (Ordered by Senior Judge Terry R Means on 2/16/2017) (wrb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
KEVIN REID ALTHOUSE,
Petitioner,
v.
BILL WAYBOURN, Sheriff,
Tarrant County, Texas,
Respondent.

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Civil Action No. 4:17-CV-097-Y

OPINION AND ORDER
Before the Court is a petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254 filed by petitioner, Kevin Reid
Althouse, a state prisoner who was confined in the Tarrant County
jail at the time of filing, against Bill Waybourn, Sheriff of
Tarrant County, Texas, Respondent.
After having considered the pleadings and relief sought by
Petitioner, the Court has concluded that Respondent’s motion to
dismiss should be granted and the petition dismissed for mootness.
I.

Factual and Procedural History

In February 1999 Petitioner was convicted of theft of property
of $20,000 or more and aggravated assault in Dallas County, Texas,
and sentenced to concurrent 25-year terms of imprisonment. TDCJ’s
Offender Information Details, available at http://www.tdcj.state.
tx.us. Petitioner claims that he was on state parole in the 1999
cases but in November 2016 was arrested in Colleyville, Texas, and
charged with a misdemeanor theft. (Pet. 6, 6-A - 6-B, ECF No. 1.)
After serving a 40-day sentence on the misdemeanor theft, the state

parole board directed that his parole supervision continue, but, as
a sanction, required that he participate in a 60-day Intermediate
Sanction Facility (ISF) program. In this petition, Petitioner
claims that he has been illegally confined in solitary confinement
in the Tarrant County jail since his arrest in November 2016
without notice, hearing or review because of his previous “walk
away” escapes in Pennsylvania. He seeks immediate release from
solitary confinement; immediate transport to West Texas ISF in
Brownfield, Texas; or release from the Tarrant County jail at
“completion of parole sanction time of 60 days.” (Id. at 7.)
Respondent has filed a motion to dismiss the petition as moot.
(Resp’t’s Answer, ECF No. 6.)
II.

Discussion

Respondent provides proof that Petitioner was released from
the Tarrant County jail and transported to the East Texas Treatment
Facility, an ISF, on February 3, 2017. (Resp’t’s Answer 3, ECF No.
6.) Petitioner has not given the Court notice of his address
change. Nevertheless, the Court finds Petitioner’s claims are
rendered moot as a result of his transfer to an ISF. Because there
is no longer any relief for the Court to award and Petitioner has
been afforded the relief he is seeking by way of this federal
habeas petition, dismissal for mootness is appropriate. See Bailey
v. Southerland, 821 F.2d 277, 278 (5th Cir. 1987).
For the reasons discussed, the Court GRANTS Respondent’s
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motion to dismiss, DISMISSES Petitioner’s petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254 for mootness.
Further, a certificate of appealability may issue “only if the
applicant has made a substantial showing of the denial of a
constitutional

right.”

28

U.S.C.

§

2253(c)(2).

A

petitioner

satisfies this standard by showing “that jurists of reason could
disagree with the district court’s resolution of his constitutional
claims

or

presented

that
are

jurists

of

reason

adequate

to

deserve

could

conclude

encouragement

the
to

issues
proceed

further.” Miller-El v. Cockrell, 537 U.S. 322, 326 (2003)(citing
Slack v. McDaniel, 529 U.S. 473, 484 (2000)).
Upon review and consideration of the record in the abovereferenced case as to whether Petitioner has made a showing that
reasonable jurists would question this Court’s rulings, the Court
determines he has not and that a certificate of appealability
should not issue for the reasons stated in this order.
Therefore, a certificate of appealability is DENIED.
SIGNED February 16, 2017.

____________________________
TERRY R. MEANS
UNITED STATES DISTRICT JUDGE

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