Opinion
No. 4:20-CV-003-A
05-21-2020
CHRISTOPHER CHANCE HARGIS, Petitioner, v. LARRY FOWLER, Sheriff, Parker County, Texas, Respondent.
MEMORANDUM OPINION and ORDER
This is a petition for a writ of habeas corpus under 28 U.S.C. § 2241 filed by petitioner, Christopher Chance Hargis, a state prisoner, against Larry Fowler, Sheriff of Parker County, Texas, respondent. After having considered the petition and relief sought by petitioner, the court has concluded that the petition should be dismissed for mootness.
I. Factual and Procedural History
At the time this petition was filed, petitioner was confined in the Parker County jail awaiting trial for theft of property, failure to identify by a fugitive, possession of marijuana, and possession of a controlled substance (less than 1 gram). (Correspondence, doc. 19.) In this petition, petitioner raises claims related to the pending theft-of-property case. (Pet. 3, doc. 1.) According to petitioner, his parents, who filed the criminal complaint, found out that petitioner's son put the property, a phone, in petitioner's backpack and no longer wanted to proceed with the case, (Id. at 5.) Petitioner seeks to have the "charges dropped." (Id. at 7.) Petitioner has confirmed through correspondence and/or the Parker County Attorney's Office has provided documentary proof that the theft-of-property charges in Cause No. CCL1-19-0648 were dismissed on March 19, 2020, and that the remainder of the pending charges have been resolved, either by way of a plea agreement or dismissal. (Correspondence, doc. 19.)
II. Discussion
Because petitioner is no longer a pretrial detainee awaiting trial as it relates to his pending charges and, specifically, because he has obtained the relief requested—i.e., dismissal of the theft-of-property charges, the petition as it relates to his pretrial detention has been rendered moot. See Thorne v. Warden, Brooklyn House of Detention for Men, 479 F.2d 297, 299 (2d Cir. 1973) ("Since [petitioner] is now held as a convicted defendant rather than merely on a criminal charge not yet brought to trial, the issue as to the legality of his continued pretrial detention has been mooted, and it therefore becomes unnecessary to resolve the constitutional issues presented."). See also Fassler v. United States, 858 F.2d 1016, 1018 (5th Cir. 1988) (holding that federal pretrial detainee's habeas-corpus application was rendered moot by his conviction).
III. Conclusion
For the reasons discussed herein,
It is ORDERED that the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 be, and is hereby, DISMISSED for mootness. It is further ORDERED that a certificate of appealability be, and is hereby, DENIED.
SIGNED May 21, 2020.
/s/_________
JOHN MCBRYDE
UNITED STATES DISTRICT JUDGE