Cannon v. Tarrant County Sheriff

Filing 6

Opinion and Order: For the reasons discussed herein, the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 is DISMISSED as moot. Further, for the reasons discussed herein, a certificate of appealability is DENIED. (Ordered by Judge Reed C. O'Connor on 10/12/2017) (skg)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
JAMES E. CANNON,
Petitioner,
v.
TARRANT COUNTY SHERIFF,
Respondent.

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Civil Action No. 4:17-CV-807-O

OPINION AND ORDER
Before the Court is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241
opened on behalf of petitioner, James E. Cannon, pursuant to the “Order Severing Habeas Claim”
in Cannon v. Tarrant County Sheriff, Civil Action No. 4:16-CV-1037-O. Prisoner was confined in
the Tarrant County jail when case no. 4:16-CV-1037-O was filed. After considering the pleadings
and relief sought by Petitioner, the Court has concluded that the petition should be dismissed as
moot.
I. BACKGROUND
This action was initiated to address Petitioner’s claim in his civil rights complaint related to
the time credit on his confinement. The Tarrant County website and telephonic communication with
the Tarrant County jail confirms that Petitioner is no longer confined in the Tarrant County jail and
was released on February 7, 2017. As of this date, Petitioner has not notified the clerk of Court of
his current address or whereabouts in case no. 4:16-CV-1037-O or in this case.
II. DISCUSSION
Petitioner’s release has rendered his habeas petition moot. Bailey v. Southerland, 821 F.2d
277, 278-79 (5th Cir. 1987). Because this Court can no longer provide him with the relief he seeks,
dismissal of the petition is appropriate. McRae v. Hogan, 576 F.2d 615, 616-17 (5th Cir. 1978).

III. CONCLUSION
For the reasons discussed herein, the petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2241 is DISMISSED as moot. Further, for the reasons discussed herein, a certificate of
appealability is DENIED.
SO ORDERED on this 12th day of October, 2017.

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Reed O’Connor
UNITED STATES DISTRICT JUDGE

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