Courtney v. Dretke

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
March 24, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-51316
Summary Calendar
GREGORY SCOTT COURTNEY,
Petitioner-Appellant,
versus
DOUG DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
CORRECTIONAL INSTITUTIONS DIVISION,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:04-CV-821
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Before JOLLY, DAVIS, and OWEN, Circuit Judges.
PER CURIAM:*
Gregory Scott Courtney, then Texas prisoner # 820578, now
federal prisoner # 91805-080, has filed a motion in this court to
proceed in forma pauperis (IFP) from the district court’s denial
of his 28 U.S.C. § 2241 petition, which the district court
construed as arising under 28 U.S.C. § 2254. He argues that the
Texas Board of Pardons and Paroles violated his constitutional
rights by denying him release on parole or mandatory supervision

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No. 04-51316
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and that he has been forced to work while in prison without just
compensation in violation of the Thirteenth Amendment.
We construe Courtney’s notice of appeal as a request for a
certificate of appealability (COA) pursuant to FED. R. APP. P.
22(b)(2). See § 2253(c)(1). To obtain a COA, Courtney must make
a substantial showing of the denial of a constitutional right.
See § 2253(c)(2); Miller-El v. Cockrell, 537 U.S. 322, 336
(2003).
During the pendency of this appeal, Courtney was released
from Texas state prison to mandatory supervision, and Courtney is
now serving a federal sentence in the Federal Correctional
Institution in Yazoo City, Mississippi. Courtney’s claims have
been rendered moot by his release into federal custody. See
Bailey v. Southerland, 821 F.2d 277, 278-79 (5th Cir. 1987).
Therefore, this appeal is DISMISSED AS MOOT. COA and IFP are
DENIED AS MOOT. Any other requested relief also is DENIED.

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